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Calgary Metro is reporting that a Calgary photographer who snapped shots of Rush in 1970s is battling with the band’s legal team to sell his photos online. Ian Mark took the photographs on behalf of a
magazine that no longer exists. It was right around the time Fly by
Night, Rush’s first platinum album, came out.
Three years ago, Mark began selling them
online in an Etsy store. Recently, he was surprised to receive a letter,
claiming he was infringing on the band’s copyright and could no longer
sell the photos.
Mark reached out to the band directly for
permission to sell the photos. A representative offered to buy them for
$5,000, which Mark refused.
Rush’s lawyers said it’s about protecting their client’s rights. “There are many rights besides copyrights.
These include trademark rights, personality rights and merchandising
rights,” said Bob Farmer, director with SRO/YYZ Entertainment Group Inc.
“The owner of the photograph does not own these latter rights and
cannot profit by exploiting them.”
Farmer said he’s asked Mark to forward the profits, which will then be donated to charity.
Entertainment lawyer EB Reinbergs said Rush’s lawyers are correct in their legal analysis.
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