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Old October 10th 03, 04:20 PM
Michael Benveniste
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Default gatherings of people - does a photographer need people permission for commercial purposes

(Chris Maness) wrote in message om...
I am a photographer in California. What about using candids/wedding
photos in my portfolios without model releases. I have read that this
is OK. Is California an exeption in this case?


This is the sort of question to ask a California attorney. On its
face, the statute doesn't distinguish between using to photo to
promote yourself as a photographer or selling the pic to promote, say,
the champagne being used for the toast.

But since the statute doesn't require written consent, given the
limited nature of the use a court might well accept an estoppel
or implied consent argument, especially for the invited guests.
Section (e) also gives the courts a lot of wriggle room.

To paraphrase William Faulkner, "at some point the law ends and
people begin." Judges and juries don't like boors any more than
the rest of us do.

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Michael Benveniste --

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