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[OM] Re: Walking and shooting in Brooklyn - OT equipment

Subject: [OM] Re: Walking and shooting in Brooklyn - OT equipment
From: Andrew Fildes <afildes@xxxxxxxxxxxxx>
Date: Sat, 10 Nov 2007 17:26:39 +1100

Andrew Fildes
afildes@xxxxxxxxxxxxx



On 10/11/2007, at 2:58 PM, Moose wrote:

> About all I know is that, in the US, it's legal to photograph anything
> and anyone in view from a public location. I believe it is also  
> legal to
> display such photographs in non-commercial use. For commercial use,  
> you
> need a release. I'm not clear on how that works.

Based in English common law and pretty much the same almost anywhere  
in the English speaking world unless it has been specifically  
excluded. However if you stand on a public street and point your  
camera over a school fence, be assured that they will find some way  
of charging you.
'Non-commercial use' is tricky - it does not cover art so you may  
sell the image as an image. It is usually considered to be that which  
supports another purpose, such as an advertisement. In the magazine  
where I review and write, test shots are non-commercial - 'in the  
public interest' and in the same realm as a newspaper photograph.  
However, the front cover shot is considered an inducement to purchase  
(the magazine) and so the editor purchase a stock shot for that. Any  
pic used in an advertisement for anything at all is commercial and  
requires a release - possibly a property release as well if there is  
a recognisable product, logo or building in the shot. For instance,  
pix of the Eiffel Tower in daylight are public domain but night shots  
require a release - because the light show is privately owned.

> If I sold a shot to
> someone who used it in advertising, is that the same as selling a  
> print
> on-line or in a gallery?

No. That's why the stock sites require  a release - in case the buyer  
uses it in that way.
It is incumbent upon you to make that clear at point of sale - that  
no release is available and no commercial use is permitted. That way,  
you're covered and the buyer/user is in the pooh.

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