When I was looking into the whole art thing I had that very question and after consulting and talking to many people with the nit picky laws it all came down to common sense.
Any judge, when it comes to photography and art and so forth will use common sense. You can have all the laws you want but if you FEEL you are doing something shady, that is a red light.
It's all about intent.
So while there are laws all over the place and people will tell you this and that, just be honest to yourself and what you are doing.
Fine Art is art, it's not advertising.
I was involved with the movie Public Enemies and had a number of photographs of Johnnie Depp and company with no problems. However, Oshkosh used his image for advertising and Universal came down hard on them.
Rod M
--- In artshow_photo@yahoogroups.com, "Mark" <MarkM1_Erie@...> wrote:
>
> Hi...
>
> I've done some digging around on the net as well as searching the archives here, but would like to get members opinions and advice.
>
> My wife is wanting to start selling her photos...first through local outlets and online venues such as Smugmug and Zenfolio.
>
> She has an extensive archive of images from her shooting career, and knows basically what she can and can't sell...I.e., copyrighted artwork in her images, all the shots from trips to Disneyland and Disney World, those taken on private property without releases, etc.
>
> The question that she has is, what CAN you sell without getting into legal hassles? Landscapes, nature, floral shots, all those should be ok...but what if she wants to sell shots from a national park, like the Grand Canyon?
>
> Most of the books on the market we've looked at are aimed more as the stock market, not the fine art market. And there is a lot of information on the web, but again, not really ansewering the question she has.
>
> Any help anyone can provide, whether via a website link, or book reference, or even your own personal experience, would be highly appreciated. She really wants to get into the market, but is unsure of what she can and can not sell.
>
> Thanks. I've personally learned many new things from reading the posts here, and will continue to do so as much as possible. And perhaps even contribute some of my own thoughts from time to time as well :)
>
> Regards,
>
> Mark
>
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