By Oli Herrera

PHOTO CONTROVERSY

Prince George woman voices concerns over photo of mother mourning being sold online

Jul 24, 2021 | 7:06 PM

PRINCE GEORGE–A Prince George woman has voiced her concerns online after a photo was taken of her mother mourning at a residential school memorial site. The photo was taken by Anadolu Agency and was licensed by Getty Images, which is now being sold online.

“I just feel like she didn’t know and nobody asked her, and she was just really in a awful moment and place at the time,” said Sunset John.

Following the discovery of the 215 bodies of Indigenous children at a former residential school in Kamloops, countless memorial sites were set up in Canada. Including one in Vancouver, which led to this photo being taken back in May of Sunset John’s mother, Loretta, mourning.

“She wouldn’t have mind it being taken; but she just doesn’t like that it’s being sold, and that they’re exploiting off our trauma,” said John.

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The mother and daughter only learned that it was being sold for editorial use this week for up to $575 on the Getty Images website.

“I went to work that evening, I work with Lu’ma Native Housing and Marginal Housing, and my co-worker goes ‘oh that’s a good picture of you.’ I’m like ‘I don’t know what picture,’ and then they showed me,” said Loretta Lyn John.

Now they’re saying that the company is profiting off of a tragedy.

Getty Images released this statement to CKPG-TV:

At Getty Images we have a responsibility to provide faithful and comprehensive documentation of the events that we cover, and we do not take lightly the decision to publish this and other similar images.

As you have noted, the discovery of unmarked graves of indigenous children at Canadian residential schools is newsworthy and of public interest. We understand that the woman in the image may be uncomfortable with how her personal experience, and what she may have regarded as a personal moment, has intersected with the public interest but it is undeniably newsworthy and that is why the photographer from Anadolu Agency made the images and we licensed them to our client news outlets.

This image is available for editorial use only, meaning that the persons depicted within have not provided a commercial release, it cannot be used for commercial or merchandising use and may only be used in connection with events or topics that are newsworthy or of general public interest.

Our editorial photography and footage informs people, public policy, services and markets. We always endeavor to maintain the balance of an individual’s right to privacy with our obligation to cover the story in the public interest of exposing difficult issues.

Sunset says that her mother is considering contacting a lawyer to see if there’s any legal action they could take.

But according to Dick Byl, a lawyer for Dick Byl Law Corporation, the law is in favour of Getty Images.

“The law has been rapidly developing in Canada over the course of 20 to 25 years as technology has developed. One of those exceptions of course is matters of legitimate public interest, or crowds, or things of this sort,” said Byl.

He argues that because of the legitimate nature for public interest in the discovery of the burial sites, taking that photo in that public setting was legal.

“If she were to bring an action, if she were to sue, I think she’d probably not be successful because of that,” said Byl.

Both women say that they understand the legality of the photo, but they wish the photographer had asked for permission anyways.

“It’s a beautiful picture, but you know that’s not that point. The point was that I was in a prayer for these little children,” said Loretta Lyn John.

They also wish that the money made off of the picture, would go towards supporting Indigenous groups.

“I get that they have a job, they need to pay their bills, stuff like that. It’s just that I have mixed emotions about it. Mixed feelings.” said Sunset John.