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#21
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gatherings of people - does a photographer need people permission for commercial purposes
Subject: gatherings of people - does a photographer need people permission
for commercial purposes From: " EnterYour Full Name " Date: Mon, Oct 6, 2003 11:07 AM Message-id: What are commercial purposes though? When something (in this case, a photograph) is used to sell or promote a product or a service. Surely anything that appears in magazine/newspaper/website/television is a commercial use. Surely not... It may be on the News, but the TV station doesn't make a news program for fun - it makes it for a profit. It's exactly the same with newspapers and magazines. If it appears in the news program to illustrate a story/for informational/educational purposes then it is non-commercial - if it appears in a commercial during that news broadcast's commercial break in order to sell a product or a service it is being commercially used. Therein lies the difference. Same thing goes for a photo that is used to illustrate the subject of an article (editorial usage) while the same photo used in the same magazine as an ad to seel toothpaste or life insurance (or whatever) would be a commercial usage. Its a very simple concept. The only non-commercial use therefore, is if you publish in a free to view medium with no advertisements. Not so, see above. This just isn't going to happen, unless you print a photo just for yourself to hang on your own wall. See above. Lewis Check out my photos at "LEWISVISION": http://members.aol.com/Lewisvisn/home.htm Remove "nospam" to reply |
#22
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gatherings of people - does a photographer need people permission for commercial purposes
Subject: gatherings of people - does a photographer need people permission
for commercial purposes From: Mxsmanic Date: Mon, Oct 6, 2003 12:11 PM Message-id: 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. SNIP That last bit about "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")" is about libel and libel applies to both editorial (non-commercial) and commercial usages as well. Libel and commercial usages are two entirely different matters/subjects that may or may not overlap, depending upon whether whether the subject was indeed mis-represented regardless of whether they were mis-represented in a commercial or an editorial usage. Lewis Check out my photos at "LEWISVISION": http://members.aol.com/Lewisvisn/home.htm Remove "nospam" to reply |
#23
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gatherings of people - does a photographer need people permission for commercial purposes
http://media.guardian.co.uk/marketin...978552,00.html
I wish I knew more details about this - if there was a model relases at all for some of the pictures, or if it is just a case of "unacceptable" use of an image. |
#24
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gatherings of people - does a photographer need people permission for commercial purposes
Enter Your Full Name writes:
http://media.guardian.co.uk/marketin...978552,00.html I wish I knew more details about this - if there was a model relases at all for some of the pictures, or if it is just a case of "unacceptable" use of an image. It sounds like he did not sign a release, and that EasyJet is just using pictures of people who are "newsworthy." It's a touchy area. This being Europe, I'm surprised that the courts do not come down squarely on the side of the model, as model rights are usually given priority over freedom of expression in Europe. -- Transpose hotmail and mxsmanic in my e-mail address to reach me directly. |
#26
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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. -- Michael Benveniste -- Spam and UCE professionally evaluated for $250. Use this email address only to submit mail for evaluation. |
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