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02/15/2006 06:07:22 AM · #1 |
| if i shoot a photo of someone famous, is there a problem placing it in a challenge ? |
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02/15/2006 06:22:51 AM · #2 |
As long as you were not hiding in their closet when you took the picture, I see no problem!
It was in a public place/event I presume?!? |
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02/15/2006 06:54:32 AM · #3 |
This could be a problem... although it depends on whether photo use here falls under editorial or commercial. It's a bit of a gray area, but I've submitted famous people before (I think...).
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02/15/2006 06:55:53 AM · #4 |
Originally posted by pix-al:
As long as you were not hiding in their closet when you took the picture, I see no problem!
It was in a public place/event I presume?!? |
I don't think that has a bearing... you can't take a photo of anybody in a public place and just sell it without opening yourself up to a lawsuit. You need a model release for commercial use. Editorial use is fine though.
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02/15/2006 07:46:15 AM · #5 |
| I'd imagine that DPC would count as editorial use rather than commercial - IANAL though. |
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02/15/2006 07:50:02 AM · #6 |
Contact SC via the Ticket System so we can take a look.
In many cases there's no problem at all. But because of the "virtual ribbon" element you may run into an issue.
In all honesty it also may depend on the celebrity. |
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02/15/2006 07:57:16 AM · #7 |
well, it "shouldn't" be a problem with challenge entries...but... 1) you probably won't be able to offer the print for sale, and 2) it probably depends on the celebrity.
former governor of virginia
jeff gordon
there was a thread about this recently
Message edited by author 2006-02-15 09:18:45. |
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02/15/2006 08:17:00 AM · #8 |
To be sued for commercial use normally means more than selling a print (it usually means use in advertising), and certainly more than using an image in a challenge entry. Usually, the limit of your liability is the amount of profit you make - if you are making much out of DPC or DPCprints, then let me know how you are doing it...!
In any case, as a precursor to any claim, you would be asked to stop using the image in the way you have used it, or pull the image, which I am sure (in the circumstances and if your image was sufficiently contentious to raise the issue) you could arrange.
On the information you have given us, there appears to be little or no risk to your entry.
Originally posted by skiprow:
no, there is no problem whatsoever with challenge entries...but you probably won't be able to offer the print for sale. |
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02/15/2006 08:48:10 AM · #9 |
ok .. i guess there is no harm ... then
thanx guys |
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02/15/2006 09:03:15 AM · #10 |
Posting is one thing. Submitting to a challenge could be seen as profiting from the likeness.
We had to pull alanfreed's Steelers shots because by posting them here he violated part of his agreement with the NFL. The fact this is DPC challenge, and that he'd ribbioned on the shots was likely a contributing factor. Now this is a slightly different case, but again it is really doing to depend in no small part on the celeb in question.
I'm not saying don't post. I am saying that posting in a CHALLENGE could lead to some issues. Yes it's a virtual ribbon. That's why I'm just making sure you understand that the CHALLENGE element is seperate from the just posting element.
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02/15/2006 09:32:56 AM · #11 |
Originally posted by blemt:
Submitting to a challenge could be seen as profiting from the likeness. |
That would be hard to make stick.
Originally posted by blemt:
We had to pull alanfreed's Steelers shots because by posting them here he violated part of his agreement with the NFL. |
Doing something in breach of contract is a different issue, but a valid consideration.
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02/15/2006 09:46:49 AM · #12 |
Originally posted by legalbeagle:
Originally posted by blemt:
We had to pull alanfreed's Steelers shots because by posting them here he violated part of his agreement with the NFL. |
Doing something in breach of contract is a different issue, but a valid consideration. |
Yeah, alanfreed's Steelers shots weren't shot in a public place. They were shot from the Steelers sidelines where the NFL was granting him permission to be for specific purposes. Professional sports leagues are very big brotherish about what goes on inside their stadiums. If you got a shot of one of the Steelers players walking down the street, it'd be a different story. |
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