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

Subject: [OM] Re: Walking and shooting in Brooklyn - OT equipment
From: Bob Whitmire <bwhitmire@xxxxxxxxxxxxxx>
Date: Sat, 10 Nov 2007 10:01:02 -0500

On Nov 10, 2007, at 1:26 AM, Andrew Fildes wrote:

>
> Andrew Fildes
> afildes@xxxxxxxxxxxxx
> <snip>
> 'Non-commercial use' is tricky - it does not cover art so you may  
> sell the image as an image.

Seems to me the US Supreme Court weighed in on this last year. Memory  
is far sketchier than it should be, and I'm too lazy to look it up  
now, but as I recall the court ruled that street-type photography  
displayed and sold in gallery and gallery-like environments did not  
require permission or release. So when I shoot the lobster boats  
leaving the harbor, and the sternman is recognizable, I don't need a  
release. I've been known to get them, but apparently I don't need  
them. On the Working Boats page of my site there's a shot titled Dog  
is My Co-Pilot. I took that image two years ago, but never have  
displayed it because I never got around to tracking down the people.  
I was pretty sure I could have used it anyway, but it seemed like it  
wouldn't hurt to get permission, which I got a couple of weeks ago.

> However, the front cover shot is considered an inducement to purchase
> (the magazine) and so the editor purchase a stock shot for that.

Again, there was a celebrated case in the US a number of years ago on  
just this point. I know it was a number of years ago because I was  
still in the newspaper business. <g>  As the paper I worked for was  
owned by the New York Times Co., every year the Times Legal Eagles  
would make the rounds of properties holding seminars for editors and  
writers about libel law. Fair usage of images was always a part of  
the discussion. (Our staff photog never got releases for news shots,  
and always got them for feature shots, even though he didn't really  
need to,) Seems the New York Times Magazine ran a cover story on, I  
think, upwardly mobile black executives, or some such as that. They  
used a street shot of a dapper black man striding purposefully down a  
Madison Avenue-like environment. As it turned out, the young black  
man in question took exception to the newspaper using his image to  
illustrate the story. It's been so long I can't recall the exact  
details, but I think the crux of the argument was that by using the  
picture, the newspaper labeled him as something he was not, or did  
not want to be known as. The shot was not illustrating an actual news  
story in which the man was involved. I believe the Times had to  
extract its checkbook on that one, but again, memory fails.

My guiding philosophy is that the local folk here provide me with a  
supplemental income through furnishing subject matter for my  
photography, and I ought to do what I can to keep the waters smooth.  
Sometimes this means giving away prints, too, which I have been known  
to do. Sometimes I just spend two years being too lazy to track the  
people down. <g>

--Bob



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