The photographer who shot the picture violated his contract by reselling them to Newsweek. That photographer, Brian Adams, could not immediately be reached, and his agent, Kelly Price, declined to comment, saying, "I keep all of my clients' business private." But a spokeswoman for Runner's World confirms that Adams's contract contained a clause stipulating that his photos of Palin would be under embargo for a period of one year following publication -- meaning until August 2010. "Runner's World did not provide Newsweek with its cover image," the spokeswoman said. "It was provided to Newsweek by the photographer's stock agency, without Runner's World's knowledge or permission." The spokeswoman declined to say whether Runner's World intends to respond to Adams's breach of contract with legal action.
But while Adams clearly violated his agreement, it's not clear he did so without Runner's World's consent. A source with knowledge of the situation says multiple outlets, including Time, approached Runner's World after the photos first appeared on its website in July to inquire about obtaining the reuse rights.
A Newsweek spokesman says, "We purchased the photo from an agency and were not aware of any issues with it."As for whether the Newsweek cover is, as Palin says, sexist, editor Jon Meacham addressed that accusation: "We chose the most interesting image available to us to illustrate the theme of the cover, which is what we always try to do," Meacham said. "We apply the same test to photographs of any public figure, male or female: does the image convey what we are saying? That is a gender-neutral standard."
The only response to Newsweek is: LIAR! I feel they should be put out of business. The industry rules are simple, all photos by default are under a 1 year embargo unless special permission is provided and Runner’s World did not give any permission. Newsweek, like most of the MSM, has failed America and stopped reported any relevant news in years but continually creates it. The tide is turning, thanks to Fox News, WSJ, Talk Radio, best selling Conservative authors, bloggers and the realization by the America people that the mainstream media tricked them into elected the disaster Obama. The next news organization that needs to be crushed is The disgusting Associated Press.