What is "Commercial Use"???

[KobraCarry]

I've been reading through a few sites and trying to find a legitimate answer. Let's say I walk around the Riverwalk and take photos of people, places, things, etc; I frame them and sell them at an outdoor market. Are those photos being used in a commercial way? Is what I'm doing legal?

Thanks

[texkam]

OK, I'll get this started by turning the tables. Let's say you're at an outdoor market and see a framed image of you for sale. ...or if you're a parent, your son or daughter. Hmmmm. Is what they're doing legal?

[KobraCarry]

I'd have to say if the photo was taken in a public place it is totaly legal. Might now sit well if you see your photos, though I'd buy one of myself if it was a good one! :) But I'm waiting for more experienced folks to answer.

[ShaneKislack]

Here's the short answer.

Commercial is when you are selling/endorsing a product. But that doesn't get you off the hook. If you are taking pics at the river walk and selling the prints, then you are selling art. You are involved in a commercial enterprise...but it's not a commercial photo. It's art...and when you have someone in a piece of art you must get a release if they can recognize themselves. It used to be if they were recognizable to others...but now they only have to be able to recognize themselves.

If they are in a commercial photograph and are endorsing a product, you must always get a release.

If you are providing pictures to illustrate a news worthy story (editorial) or as examples of your work...you do not need any kind of release...although one is recommended.

[Steelsun]

There are exceptions to that "recognize"
Quite famous case in NYC: photog takes some street shots, one a head shot of an Orthodox Jew, then made gallery prints of them and sold them for beaucoup money. The subject (the OJ) sued the photog for having a recognizable use of his person in the image for sale, which he claimed violated his religious views too. He lost the photog won.

[lyncca]

Originally Posted by ShaneKislack

Here's the short answer.

Commercial is when you are selling/endorsing a product. But that doesn't get you off the hook. If you are taking pics at the river walk and selling the prints, then you are selling art. You are involved in a commercial enterprise...but it's not a commercial photo. It's art...and when you have someone in a piece of art you must get a release if they can recognize themselves. It used to be if they were recognizable to others...but now they only have to be able to recognize themselves.

If they are in a commercial photograph and are endorsing a product, you must always get a release.

If you are providing pictures to illustrate a news worthy story (editorial) or as examples of your work...you do not need any kind of release...although one is recommended.

I'm not a lawyer, but I do believe from everything I have been told and read that you CAN have a picture of you taken and sold as art even if you are recognized. From what I understand the only limits are by the location you are shooting at that states so (zoos, sports arenas) and if you in a perceived private situation (in a hotel room, ATM putting in a pin, etc.)

[jeffkohn]

You don't need a model release for art work, this has been tested in court many times and the case law is pretty clear. Selling artwork is not commercial use.

The only thing you have to watch out for is pictures of celebrities or other famous persons. There are laws in some states that raise the standard for what is considered an original work of art as opposed to just a picture of someone's likeness. In the latter case it can be argued that the product being sold is the celebrity's fame, which you don't really have a right to profit from.

[KobraCarry]

Well so far that's all great info, however it all contradicts each other. Any art lawyers in the house?????????

[jeffkohn]

Maybe try searching here. I believe she's also available for consultation if you have a specific scenario in mind (no idea what her rates are, though).

[J Eddington]

Here are some other links for Legal information

http://www.photosecrets.com/tips.law.html

http://magazine.redhat.com/2007/10/1...erty%E2%80%9D/

http://www.washingtonpost.com/wp-dyn...804626_pf.html