Getting info from a lawyer is the BEST way to go. As mentioned every
state is different. I had attended a workshop given by a lawyer in NY
on this topic. Pretty much what you just stated but there was
something else written....If you have an exhibit and someone comes to
your show and sees an image of themself they can ask that you remove
it and I believe you have to. As I said EVERY state is different. I
don't believe any of us are lawyers here. It makes for an interesting
discussion but any questions and concerns should be answered by the
professionals........
Terri
"I did finally find this from a lawyer:
You own the copyright to any image you have taken and you can use it
for pretty much anything that doesn't come under the definition of
"commercial purposes", which in general means advertising. For example
you can sell the images to a newspaper or magazine for use in
editorial content. Editorial content is pretty much Photographer's
rights, Photography and the Law, anything that's not advertising. For
commercial usage you need a signed release from anyone identifiable in
the image, or in some cases for any identifiable private property. You
can generally sell your images as art without a release. Of course
exactly what constitutes "commercial use" has to be defined by a
court, but generally if the use can't be somehow construed as
advertising in some form, you're OK.
Signed releases are only required for commercial (trade and
advertising) use of photographs. Editorial, news and art usage
generally requires no release from the subject, though some
publication may requires them "just to be on the safe side.
"A Parrot doesn't scream to make noise,
but because he has something to say.
Do we listen?"
t.tweetytiel@verizon.net
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