Archived posting to the Leica Users Group, 1999/09/21

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Subject: [Leica] clandestine photographs of other people
From: "Robert Rose" <>
Date: Tue, 21 Sep 1999 12:06:58 -0700

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