This was on saturday night, I had the idea from a member at the 2k forums Xur, who replied:
Maybe you should email some of those that have copyright for the images, and see what they think Pretty sure you will never see anyone from 2K post in here - they tend to only comment on positive news or something that can boost sales.
Why not?
This image belongs to the Ben Franklin Tercentenary, the actor portraying Ben Franklin is Bill Ochester, here are the links for both:
"http://www.bfranklinprinter.com/
http://www.benfranklin300.org/
And here is the link from where the image came from:
http://www.benfranklin300.org/imagebank_02_detail.html
And here is what it says about image usage right at the Ben Franklin Tercentenary website:
Photo Usage Agreement
This image MAY BE used for editorial purposes in magazines, newspapers and online to promote Philadelphia, with GPTMC byline credit. It MAY NOT be used for advertising or promotional efforts.
So on saturday night I wrote to the Ben Franklin Tercentenary, presented the case and got an answer, here is the exchange as it follows:
Hi, I am a graphic designer currently studying the art assets of the video game civilization V, very recently we have found out that many of the Art assets of the game are in fact based on stock images. There has been rampant speculation to whether or not this practice was legitimate. The picture in question is "Ben Franklin 300 Philadelphia Press Conference", the game utilizes the image masking it in a not too subtle way. The direct link follows below to an example of the image as it looks in the game:
(link to the image)
We have been wondering as Civilization V fans, and in my case as an artist trying to break into the industry if this practice is acceptable and if the image was leased or if permission was granted.
Regards
And here's the reply I received:
Hi -- The image on the right (the new art) is based on a photograph of a Franklin re-enactor, who was part of a press conference we held a few years ago. The Benjamin Franklin Tercentenary owns the rights to these photographs and they should not be considered "stock" photos and permission should be sought if our photographs are used. In this case, I feel the permission needed should also have been sought from the Franklin re-enactor, as it is his face being used in the new art. He is a working actor, who is paid for his interpretations of Franklin and I can imagine he would want a say in whether or not his image is in the game!
Hope this helps,
Rosalind Remer, Ph.D.
I have also written to mr. Ochester, who's actually a really kind guy that took the time to reply to me that he was surprised about this situation as well. It's a bit sad this happened, no longer can we just speculate about if the images were wrongfully appropriated, we have now an example that points towards this likely being the case.
Someone might reply "but if you've never told them, then they would have never known!"... but that's not how it works, I also don't I am manufacturing a controversy out of nothing either (there have been plenty of examples so far). I don't think I or anyone else who has uncovered any of the pictures should be shunned if at a certain point we question the how and why, rather than sit back and just continue the circus. I don't think it's funny or amusing anymore.
I still have not written to Firaxis yet, I have been waiting for 2kGreg to answer me, but so far no response (it's the weekend though).