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06/21/2006 02:55:38 PM · #26 |
I get what you are saying -- that there is a difference between using a photo for commercial use and selling copies of it -- but is the fine line drawn only on vested interests? This article is a summary of the outcome of the lawsuit against Philip-Lorca diCorcia by an orthodox jewish man he photographed on the street. The case was dismissed on the grounds of art, and that diCorcia was protected by the first amendment.
So here's another kicker, Mr. Nussenzweig's (the person photographed) religion forbids such photos (according to the article). I'm assuming the religious aspect is not protected by the Constitution+amendments because it only limits what congress can pass laws on, not what people can do. But does a religion the individual has invested his life following not count as a vested interest? The benefit may not be tangible, or even apparent to others, but it is apparent he considers it of benefit. Or is it that vested interest is only applicable to personal use and ignored by the all-encompassing veil of 'art'?
Of course, there is no way of knowing how much it cost diCorcia to defend his right to do what he wanted, irregardless of others. So I don't think I will be selling images of others without their consent -- even if I wasn't ethically inclined not to.
David
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06/21/2006 03:03:47 PM · #27 |
Originally posted by skiprow:
Originally posted by glad2badad:
Originally posted by pawdrix:
Robert-What would be an example of a vested interest? |
Good question. The water's still murky from where I'm standing. ;^) |
a vested interest: if the person was a spitting image of robt e lee, and he made income off of appearances, modeling, and such, you would be cutting into his livelihood. |
Would the same thing go for an image of ....say ...General Custer...?
Message edited by author 2006-06-21 15:11:08. |
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06/21/2006 03:15:42 PM · #28 |
| Ok, I'm a little confused now. So as long as I'm not selling the pictures can I pretty much use any picture I've taken in my portfolio regardless of releases? Or am I "advertising" my services with the pictures by doing that? |
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06/22/2006 08:17:34 AM · #29 |
Originally posted by Megatherian:
Ok, I'm a little confused now. So as long as I'm not selling the pictures can I pretty much use any picture I've taken in my portfolio regardless of releases? Or am I "advertising" my services with the pictures by doing that? |
this is my understanding of everything i've researched: yes, you can put any photo you've taken in your portfolio. if you have a studio, you can display your works in the window (but, if you are that far into the biz, you probably should be getting model releases as a part of your regular routine). if you are going to publish advertisements, you need to have model releases. displaying your work on your website is generally considered the same as hanging your prints in your own studio, where they can be seen by the people who visit you.
Originally posted by pawdrix:
Would the same thing go for an image of ....say ...General Custer...? |
yes. it is true of anyone who makes a living off their image. and, to take it a step further, even if the person is dead, their estate can control the rights of using images that portray the dead person's likeness to someone else!
Originally posted by David.C:
But does a religion the individual has invested his life following not count as a vested interest? |
there's a difference between being photographed by happenstance, and arranging for a portrait studio session. that gentleman has been photographed 1000s and 1000s of times, just be virtue of walking out in public where their are security cameras on just about every corner and in every store. you just can't stop from having your image captured. however, you can make the cognizant decision to pose, whether for a friend or a professional.
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06/22/2006 08:54:32 AM · #30 |
The image has already been printed. If a newspaper sells me a copy of the image, it's no different than if I bought another copy of the paper (or scanned it)... and comes with the same limitations. I still couldn't resell that image for stock or use it in an ad because I don't have the rights to it.
Message edited by author 2006-06-22 08:55:05. |
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