[Leica] clandestine photographs of other people

["Robert Rose" <rjr@usip.com>]

Bob McEowen writes:

>>>>>
It is also probably a misappropriation of those people's likeness if any of 
those postcards were sold for a profit. It's a real problem when images that 
start out as news/educational end up as commercial. Better to stay "pure"
<<<<<

Well, no.  If you have taken pictures which are what we broadly call "editorial" then selling them does not turn them into commercial use.

For example, if I take pictures on a public beach of surfers, then I can make a book of those images, and not only put one of the pictures on the cover, but also put one or more of the images on advertising for the book.

I could not, however, use one of the images in an advertisement for a surfboard, nor could I sell the image to a surfboard company to use in such advertising.

So, selling postcards of your images is not a commercial use.

Robert Rose