The right of publicity can in fact apply to the general public. States have their own take on the matter so it can be a confusing topic.
The right of publicity does not give people (actors or otherwise) the right to control the use of their image. It only gives them protection from 'commercial' use of their image. Commercial does not mean selling for money or making a profit. I can take an image of a celebrity and sell it from now until the cows come home. It is how that image is used by the end user that matters. I could not place that image on my website in a way that implies that there is some sort of endorsement from that celebrity but I can sell prints or license images .
Scott
Scott Sharick Photography
www.scottsharickphotography.com
www.scottsharickblog.com
www.flickr.com/photos/scottsharick/
On Jun 27, 2011, at 11:34 AM, J Bryan Kramer wrote:
> No that's like shooting using a long lens into someone's bedroom. If it's
> public then there is no expectation of privacy. There is also for rare
> people a right of publicity. This mainly applies to actors and such and they
> have a right to control the use of their image. This doesn't apply to Jane
> Smith who appeared in the neighborhood playhouse.
>
> BK
>
> "It is no profit to have learned well, if you neglect to do well."
> --*Publilius Syrus*
>
> J Bryan Krämer North Florida, USA
> photos at: http://pbase.com/photoburner
> blog at: http://www.photoburner.net
>
>
> On Mon, Jun 27, 2011 at 17:17, Peter <petecoh@verizon.net> wrote:
>
>> Scott,
>>
>> Does that also apply to folks say dancing at a public bar?
>>
>>
>> -----Original Message-----
>> On Behalf Of Scott Sharick
>> Re: [artshow_photo] Property ownership issue???
>>
>> The only time you can not (other than very specific military and nuclear
>> sites) is if you are photographing a person who has a legitimate
>> expectation
>> of privacy.
>>
>>
>> Scott
>>
>>
>>
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>>
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>>
>>
>>
>
>
> [Non-text portions of this message have been removed]
>
>
>
> ------------------------------------
>
> Donate to support the ArtShowPhoto Forum at
> http://artshowphoto.com/support.htm
>
> PLEASE READ....PLEASE TRIM POSTS!!! Keep quoted material short.
> Repeat or create accurate subject lines.
>
> If you want to advertise services related to art shows or photography, either in a forum post or on the resource web site, please contact the forum owner for permission.
>
> Resource web site at
> http://ArtShowPhoto.com
> Yahoo! Groups Links
>
>
>
http://artshowphoto.com/support.htm
PLEASE READ....PLEASE TRIM POSTS!!! Keep quoted material short.
Repeat or create accurate subject lines.
If you want to advertise services related to art shows or photography, either in a forum post or on the resource web site, please contact the forum owner for permission.
Resource web site at
http://ArtShowPhoto.com
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