Caught in Copyright

It is a photo that will forever be remembered by history.

On the afternoon of July 13, 2024, when a shooting attempt was made on Donald Trump's life at a rally in rural Pennsylvania, Associated Press photojournalist Evan Vucci snapped a picture for the ages. The image showed a bloodied — but defiant — Trump pumping his fist in the air while an American flag waved in the background and as the U.S. Secret Service rushed him to safety.

The photograph was viewed millions of times, being broadcast on news networks, published across the Internet, and printed in newspapers around the world. It was the definitive image to emerge from the horrific scene.

But it is also copyrighted by the Associated Press, raising a set of interesting questions governing its use, particularly among those who have sought to commercially exploit the image to line their own pockets. It also highlights tension between the public's desire to commemorate a historic moment and the legal rights of those who capture it.

In the weeks since the photo was taken, online retailers have printed the image on t-shirts and mugs, selling merchandise to Trump supports for whom the picture became a rallying symbol. A quick search on e-commerce websites such as Amazon and Etsy return plenty of results for a wide-ranging list of products using the photograph.

The Associated Press, however, told me it is not waiving its rights to the image, meaning misuse of it could potentially land retailers in hot legal water.

"AP is proud of Evan Vucci’s photo and recognizes its impact," an Associated Press spokesperson told me. "We reserve our rights to this powerful image, as we do with all AP journalism."