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Old October 6th 03, 01:11 PM
Mxsmanic
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Default gatherings of people - does a photographer need people permission for commercial purposes

Enter Your Full Name writes:

What are commercial purposes though?


Advertising, product endorsement, works of fiction (movies, TV,
whatever), anything that presents a person's image as being anything
other than what it is (i.e., showing a person's face and saying "this
could be a crook"), and so on.

Surely anything that appears in magazine/newspaper/website/
television is a commercial use.


No. Some uses are just for purposes of information.

It may be on the News, but the TV station doesn't make a
news program for fun - it makes it for a profit.


But it makes its profit by collecting and presenting news, not by using
the likenesses of specific individuals for their own value. Anyone who
robs a bank may be pictured on TV, but since the news does that for
anyone, it's not a commercial use.

The only non-commercial use therefore, is if you publish in a free to view
medium with no advertisements.


No. News media, textbooks, scholarly works, works of non-fiction, and
so on are generally considered non-commercial. Motion pictures (other
than straight documentaries), works of fiction, advertisements,
television commercials, and so on are generally considered commercial.

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