Student Suspended Over Yearbook Photo

Article: Student Suspended Over Yearbook Photo (http://www.wlbt.com/Global/story.asp?S=1816575&nav=2CSfMc9d)

Summary: Basically a story about a highschool student who was "editor-in-chief" for her highschool yearbook. She was suspended for allowing the cover photo for the yearbook to contain a student "showing his middle fingers." The yearbook staff sent a zoomed out photo to the publisher, and when it came back, the yearbook cover picture had been blown much larger for the cover. Instead of blaming the kid who put his middle finger up for the picture, she was suspended.

Question: This article, while on a small scale, does raise the issue of liability in a photograph. Is it the responsibility of the photographer, or the subject for the contents of photographs taken? Does it matter if the photographer was paid by the subjects?

I think it's different in a case by case basis. In this particular situation, I think they were wrong to blame the editor-in-chief, and instead suspended the person who wrecked the photograph. She probably didn't even notice the finger until she got the yearbooks back. Generally speaking, however, I think it is important that the photographer knows what he or she is taking a picture of... If the photographer was paid to take the pictures, I still think it could go either way, depending on who owned the rights to ther negatives and photos at the end of the day.

Interesting points... I think the photographer has to be aware of what s/he takes and publishes. We, as the photographers, really have the final say on what we take, and what gets out to the public, so I think, really, the onus is on the photographer or developer of the photograph.

Any other thoughts?