Can a photograph that becomes linked with history or news be protected from imitation? The First Circuit Appeals says that the answer is “no”. The image of Christian Karl Gerhartsreiter, better known as Clark Rockefeller, with his daughter emerging from a Boston church on Palm Sunday became a famous photograph.
The story of the man who in effect abducted his own daughter in violation of divorce terms was a story made for a Lifetime made-for television movie. When Sony Pictures Television produced the program, “Who Is Clark Rockefeller” it reenacted the scene at the church using the actors in the program.