Motown Records was still in its infancy when Chicago photographer Art Shay took a series of candids of its brightest star, Diana Ross, for a Life Magazine profile. Nearly 30 years later, Shay got a call. Ross was writing her memoirs. Could the publisher, Villard Books, include eight of Shay’s photos?
Shay was amenable until he got the contract. “They were only paying $250 per photo,” he says, “plus they wanted me to indemnify them against someone in the photos objecting and suing.”
No dice, said Shay. And that was that, he thought. Then the book, “Secrets of a Sparrow,” came out and lo, therein were his photos. “They had used them without my permission,” says Shay, incredulous.
Shay’s daughter, attorney Jane Wald, says agents of Ross and Villard act like they’ve done nothing wrong. “Their attitude is, ‘Who is this pest and why isn’t he thrilled to be in the book?”‘
Adam Streisand, Ross’ lawyer, admits the shots shouldn’t have been used, but claims “implied consent” because Shay “never objected” to the project per se. Streisand says Ross wants to settle, but a lawsuit looms.
