Saturday, September 1, 2007

Re: [digital-photography] Getting right with Image Usage

Not quite right: You can sell recognizable images just so long as they are not made to look like they are advertising something. You could not place someone in a Cola Ad for example, but you can sell shots of anyone you want at an Art Show. This has been litigated several times. BK On 9/18/07, Thom Durfee <digitalpro@thomdurfee.com> wrote: > > The article mentioned seems to be only the opinion of the writer. I > wonder if the author has talked to a actual attorney that deals with > these matters. He makes a good point particularly about model releases > but he is misguided on one point. > > You may sell any photograph of any recognizable person if and only if, > the photo is used in an editorial sense. Other than that you need a > model release. > > Example: > > If you sell a portrait of your granddaughter, you need a model release, > especially if she is not of legal age. In that case you need a model > release signed by her parents. > > If you take photographs of her and her teammates playing soccer down at > the local field and then sell the photo to the local newspaper you do > not need a model release. > > Every photographer who sells or may sell images needs to make a choice > and stick with it. That is, require a model release no matter what or > only when you know that you absolutely need one. > > It is never easy to ask someone on a whim if you can sell a image of > them. This is a skill that takes a great deal of diplomacy and just the > right tactics. Practice makes perfect. No one is perfect. > > As a final note...this is simply my opinion based on what I have learned > over the years. > > Take it for what it is worth. > > -- > Thom Durfee > digitalpro@thomdurfee.com > > www.thomdurfee.com > > "Is it real...or is it Photoshop?" > > [c] 2007 - Thom Durfee > > > > > > ------- Digital Photography Discussions ------------ > List address: digital-photography@yahoogroups.com > Moderator: digital-photography-owner@yahoogroups.com > > Modify or cancel any of your group subscriptions at: > http://groups.yahoo.com/mygroups > > > Yahoo! Groups Links > > > > -- J Bryan Kramer North Florida, USA photos at: http://pbase.com/photoburner [Non-text portions of this message have been removed] __._,_.___ Messages in this topic (0) Reply (via web post) | Start a new topic Messages | Files | Photos | Links | Database | Polls | Calendar ------- Digital Photography Discussions ------------ List address: digital-photography@yahoogroups.com Moderator: digital-photography-owner@yahoogroups.com Modify or cancel any of your group subscriptions at: http://groups.yahoo.com/mygroups Change settings via the Web (Yahoo! ID required) Change settings via email: Switch delivery to Daily Digest | Switch format to Traditional Visit Your Group | Yahoo! Groups Terms of Use | Unsubscribe Recent Activity  39 New Members Visit Your Group Best of Y! Groups Check out the best of what Yahoo! Groups has to offer. Yahoo! Groups Beauty & Fashion Connect & share tips and advice. Yoga Groups Exchange insights with members of the yoga community. . __,_._,___