[Avodah] Halachic Analysis: The Hillary Photo Controversy

[Micha Berger]

On Thu, May 12, 2011 at 12:17:25PM -0400, Zev Sero wrote:
> On 12/05/2011 8:12 AM, Prof. Levine wrote:
>> The Hasidic newspaper itself though should only adjust photos with
>> permission

> He's wrong about that, because no permission was needed.  It's not
> copyright, and anyone is free to do with it whatever they like.

The photo came with rights reserved in the form of the text:
    The photograph may not be manipulated in any way and may not be
    used in commercial or political materials, advertisements, emails,
    products, promotions that in any way suggests approval or endorsement
    of the President, the First Family, or the White House.

So as a matter of metzi'us, I think it is illegal.

>From the perspective of midevar sheqer tirchaq, the caption should have
read something like " ... (Secr. Clinton's image removed from the photo.)"
To mislead people into thinking this was the actual scene (even if the
scene was set up for the photo-up) is halachically problematic, no? It's
not like the misrepresentation is for reasons of tact ["kallah naah
vachaduah"], one's anavah, or the usual reasons permitting bending the
truth. Particularly if you consider my suggested comment in the caption
a plausible option. And they had no real need to carry the picture
altogether, there are other ways to have illustrated the same story,
so omitting it was also an option.

Tir'u baTov!
-Micha

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