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As a general rule, if it is a newsworthy event and you are working for a
news organization, you can take a picture/video in which a public figure is
recognizable and use it in a news broadcast or article (newspaper or
newsmagazine), then you are covered. (I'm speaking of the US only here, I
don't know the rules outside the country.) The ruling here is that a public
figure gives up a lot of privacy rights when they decided to "go public." A
public figure can be a politician, an entertainer, a corporate leader,
virtually anyone who has decided they want to be in the publics eye. Private
folks, like your next door neighbor, or the couple in the park, are
something altogether different. YOU better get a release to keep your rear
protected, because if you don't you will get bitten. (You can find templates
for releases by Googling.)
If you take a picture, or make a drawing of someone for arts sake, but with
the intent of making money, then you should get a release because money
changes everything.
If you have doubts, I recommend reading up on copyright and fair use. It
will save you a lot of headaches. Another thing you can do is check with
local artists and photographers and get their take on your question.
Al Geist
Technical Communicator, Help, Web Design, Video, Photography
Office/Msg: 802-872-9190
Cell: 802-578-3964
E-mail: al -dot- geist -at- geistassociates -dot- com
Website: www.geistassociates.com
See Also:
Fine Art Photography
Website: www.geistimages.com
"...I walked to work, quit my job, and kept walking. Better to be a pilgrim
without a destination, I figured, than to cross the wrong threshold each
day." (Sy Safransky)
-----Original Message-----
From: techwr-l-bounces+al -dot- geist=geistassociates -dot- com -at- lists -dot- techwr-l -dot- com
[mailto:techwr-l-bounces+al -dot- geist=geistassociates -dot- com -at- lists -dot- techwr-l -dot- com] On
Behalf Of McLauchlan, Kevin
Sent: Thursday, December 04, 2008 5:02 PM
To: techwr-l -at- lists -dot- techwr-l -dot- com
Subject: The approximate image of...
Hey all, here's one for the books... or the websites... or...
I understand that makers of films/videos/printed mass media are supposed
to get a signed waiver before using someone's recognizable image in a
published work. There's some fair-use doctrine that might protect
purveyors of news... or I could be wrong on that...
What are the generally recognized limits of such requirements? Is that
the general case? Even if it's a photo of a street scene?
How about if I just draw something that could be mistaken for a likeness
of a specific person if one was liberal in one's interpretation?
Is there any need to get permission to post it, print it, or otherwise
make it public? Does it matter whether it's a situation where the use
of the image helps me make money?
Anyone have experience in this area?
- Kevin
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solution. Author in Doc-To-Help's XML-based editor, Microsoft Word or
HTML and publish to the Web, Help systems or printed manuals. http://www.doctohelp.com
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authors and teams. Professional power, intuitive interface. Write
once, publish to 8 formats. Multi-user authoring and version control! http://www.helpandmanual.com/
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