The cost to the publisher, producer or ad agency for the loss of an irreplaceable negative may just have gone up. A June 2003 decision of the New York Supreme Court by Justice Heitler may have moved the marker in a case brought by George Dubose, well known photographer of celebrity musicians, whose web site says it all: "Twenty years later, Warner Bros. Records used this image for the B52s Greatest Hits package and then proceeded to lose the original negatives for this [image of B52s in front of Unisphere for Rolling Stone magazine] and three other shots. Stay tuned for further legal ramifications." George needs to update his website: the June decision is itself a "ramification" of significance in its analysis of applicable tort law on the damages available to the plaintiff photographer for negligent loss of personal property in the form of original negatives.
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