What are the laws regarding fair use of photos of persons? Say for
example I photograph someone's face that is out in public without their
knowledge. Since the photo is my work and when you are out in public
you have no expectation of privacy, can I then use it in any form I
desire such as on a tee shirt iron-on stating say, "I know stupid"? Not
the case but just an example. I am in Ohio but again this is just a
general question. Since we are photographed/videotaped most of the
times we enter a store or what not, what can they use your image for?
--
Cheatum
Death is not the greatest of ills; it is worse to want to die, and not
be able to.
Sophocles (496? - 406 BC)
Greek playwright.
Electra
Richard
09-30-2003, 01:17 PM
Cheatum wrote:
What are the laws regarding fair use of photos of persons? Say for example I photograph someone's face that is out in public without their knowledge. Since the photo is my work and when you are out in public you have no expectation of privacy, can I then use it in any form I desire such as on a tee shirt iron-on stating say, "I know stupid"? Not the case but just an example. I am in Ohio but again this is just a general question. Since we are photographed/videotaped most of the times we enter a store or what not, what can they use your image for?
No. In order to profit from a likeness of a living person, you must have
their consent and knowledge.
Professional models sign what is called a "model release form".
This gives the photographer the right to publish and sell his work to anyone
he chooses for what ever reason.
However, there may be other rights granted to the model that may be embedded
in state laws.
For what you want to do, because you own the photograph, doesn't give you
the right to do as you damn well please.
If the person's face is discernable, then that person could turn around and
sue you for any number of reasons.
But then again, if you are at a public event, taking photos of people who
happen to be there, then that is "fair use", but not to the point of
defamation.
Case in point. The security guard who spotted the bomb at the atlanta
olympics, an atlanta radio station hired the guy.
Then put up a billboard with his photo on it and made a very derogitory
statement about him.
The station claimed that because he was an employee, they could use his
photo for any purpose they wanted.
If I'm not mistaken, the guy won the case and the radio station was forced
to remove the billboard.
Actress Julia Roberts sued her ex-boyfriend over the use of her photos on
his website without permission and won.
When it comes to photos of real living people, be very careful how you use
them. You could wind up in court.
Legal advice is obtained by hiring an attorney, not from a newsgroup.
Cyril G Craven
10-01-2003, 01:50 AM
"Richard" <anom@anom> wrote in message news:<blcoeh017e5@enews2.newsguy.com>... Cheatum wrote: What are the laws regarding fair use of photos of persons? Say for example I photograph someone's face that is out in public without their knowledge. Since the photo is my work and when you are out in public you have no expectation of privacy, can I then use it in any form I desire such as on a tee shirt iron-on stating say, "I know stupid"? Not the case but just an example. I am in Ohio but again this is just a general question. Since we are photographed/videotaped most of the times we enter a store or what not, what can they use your image for?
I would have to say I don't know one way or the other but if you
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No. In order to profit from a likeness of a living person, you must have their consent and knowledge. Professional models sign what is called a "model release form". This gives the photographer the right to publish and sell his work to anyone he chooses for what ever reason. However, there may be other rights granted to the model that may be embedded in state laws. For what you want to do, because you own the photograph, doesn't give you the right to do as you damn well please. If the person's face is discernable, then that person could turn around and sue you for any number of reasons. But then again, if you are at a public event, taking photos of people who happen to be there, then that is "fair use", but not to the point of defamation. Case in point. The security guard who spotted the bomb at the atlanta olympics, an atlanta radio station hired the guy. Then put up a billboard with his photo on it and made a very derogitory statement about him. The station claimed that because he was an employee, they could use his photo for any purpose they wanted. If I'm not mistaken, the guy won the case and the radio station was forced to remove the billboard. Actress Julia Roberts sued her ex-boyfriend over the use of her photos on his website without permission and won. When it comes to photos of real living people, be very careful how you use them. You could wind up in court. Legal advice is obtained by hiring an attorney, not from a newsgroup.
Arthur L. Rubin
10-02-2003, 11:35 AM
Richard wrote:
Cheatum wrote: What are the laws regarding fair use of photos of persons? Say for example I photograph someone's face that is out in public without their knowledge. Since the photo is my work and when you are out in public you have no expectation of privacy, can I then use it in any form I desire such as on a tee shirt iron-on stating say, "I know stupid"? Not the case but just an example. I am in Ohio but again this is just a general question. Since we are photographed/videotaped most of the times we enter a store or what not, what can they use your image for? No. In order to profit from a likeness of a living person, you must have their consent and knowledge.
Probably not. There are circumstances in which it is true, and some
states in which it is true, and of course, most venues requiring
admission state that the venue has the right to take pictures of
you for any purpose, which creates the consent, but the general
rule is that you can use pictures taken in a public place for any
purpose not forbidden by the owners.
Cheatum
10-02-2003, 01:40 PM
On Tue 30 Sep 2003 12:13:35p, Cheatum Decided to post this message
news:Xns94067E1C218A2Cheatum2000@63.223.5.254, to the newsgroup
misc.legal
Thank You all for your opinions. I guess I will make a teeshirt for
personal use :)
--
Cheatum
Death is not the greatest of ills; it is worse to want to die, and not
be able to.
