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04/28/2005 12:06:54 AM · #1
So let's say I took a picture of Jennifer Lopez walking down my street for whatever reason. Obviously, I can't upload a photo of it and sell prints. But I could sell it to the newspaper to use for editorial purposes and plaster on the front of the magazine if they wanted and distribute it basically globally, right?

So why can't I make a little white border, add a caption worth of editorial stuff on the bottom, and sell that as a print? Or can I?
04/28/2005 12:10:00 AM · #2
Because you are not the publisher of a regular "news" periodical, you are selling an individual (even if mass-produced) piece of isolated art, absent the context of the rest of the publication. That's just not photojournalistic or editorial use.
04/28/2005 12:12:38 AM · #3
Originally posted by deapee:

Obviously, I can't upload a photo of it and sell prints.


Who says you cant ? Sure it isn't editorial or photojournalism, but there is no expectation of privacy walking down a street.

You can't use it to endorse a product or use it in a way that implies her support of a position, but there's nothing to say you can't sell it that I'm aware of.
04/28/2005 12:13:06 AM · #4
But now you could publish it on your "blog".... ;)

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