http://www.digitaljournal.com/article/281114

Op-Ed: Annie Leibovitz works for free for Obamas

Posted Oct 26, 2009 by Maciej Lewandowski
Financially struggling celebrity photographer, Annie Leibovitz recently did a photo shoot of the First Family. And she didn't take a fee for her work.
Annie Leibovitz  photographer.
Robert Scoble
Annie Leibovitz, photographer.
Financially struggling (read NPR, Annie Leibovitz Buys More Time To Repay $24M Debt) celebrity photographer, Annie Leibovitz recently did a photo shoot of the First Family. As The Washington Post reports (New Obama family portrait, by Annie Leibovitz), she didn't take a fee for her work.
Well, it's a great gift from a recognized and struggling artist for the Obamas, you must say. By the way, I've seen lots of much better photos by her! President's fingers are cut off - it shouldn't happen to such a great photographer.
New photo was uploaded to The Official White House Photostream on flickr. And there the problems begin. All photographs in this photo stream are published under United States Government Work licence, which states that: "A work (...) is not subject to copyright in the United States and there are no U.S. copyright restrictions on reproduction, derivative works, distribution, performance, or display of the work". That's clear - but below this picture is placed a description (a kind of a license), which says: "This official White House photograph is being made available only for publication by news organizations and/or for personal use printing by the subject(s) of the photograph. The photograph may not be manipulated in any way and may not be used in commercial or political materials, advertisements, emails, products, promotions that in any way suggests approval or endorsement of the President, the First Family, or the White House".
It's confusing, isn't it?
If all these works must be licenced under United States Government Work licence, nobody - in my opinion - is allowed to put any restrictions on them. If there is a choice what license they can put on certain work, it couldn't be licensed under two incompatible licences.
President Barack Obama with family
Annie Leibovitz/Released by White House Photo Office
President Barack Obama, First Lady Michelle Obama, and their daughters, Sasha and Malia, sit for a family portrait in the Green Room of the White House