Archived posting to the Leica Users Group, 2005/04/20

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Subject: [Leica] Photojournalists and permission
From: bdcolen at earthlink.net (B. D. Colen)
Date: Wed Apr 20 15:18:48 2005

As I understand it, showing work, whether in galleries or books or
on-line, is okay - it's displaying art. What isn't okay is using the
image for "commercial" purposes - i.e, advertising, etc. Now, is selling
prints commercial? It sure sounds like it to me, but...

-----Original Message-----
From: lug-bounces+bdcolen=earthlink.net@leica-users.org
[mailto:lug-bounces+bdcolen=earthlink.net@leica-users.org] On Behalf Of
Feli
Sent: Wednesday, April 20, 2005 11:21 AM
To: Leica Users Group
Subject: Re: [Leica] Photojournalists and permission


Ok, so let me se if I really understand this.

a) In the USA, anyone in a public place is free game to be photographed.

b) But, if the individual is recognizable in the shot, there are 
certain caveats
to selling then image.

So, is a street photographer still able to sell that image to a 
gallery, or as a book
as long as the editorial aspect doesn't slander or misrepresent the 
subject?

Would Winogrand be in jail these days?

Anyone?

Feli


On Apr 20, 2005, at 6:49 AM, B. D. Colen wrote:

> With the caveat that the homeless have the same protections in regard
> to
> their images that the rest of us have - they may not be used for
> commercial purposes without their expressed permission. Further,
anyone
> using images of a homeless person on the street for editorial purposes
> better be damn sure that they have all their facts straight. For
> instance, if one used a shot of an identifiable homeless person - for
> instance my ALDO guy - as an illustration for a story on the ultimate
> horrors of alcoholism, and that homeless person was not an alcoholic 
> and
> was hooked up with an attorney, one would be insuring that the
homeless
> person was able to purchase his own home. ;-)
>
________________________________________________________
feli2@earthlink.net                     2 + 2 = 4
www.elanphotos.com

 
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Replies: Reply from pdzwig at summaventures.com (Peter Dzwig) ([Leica] Photojournalists and permission)
In reply to: Message from feli2 at earthlink.net (Feli) ([Leica] Photojournalists and permission)