This is not a copyright issue. It would be considered a commercial (even
if the t-shirt was a one off) use of someone's image without permission.
This is a clear case where a model release would be needed to legally
use the photo that way. The only possible way around a release is if the
persons were famous and the image was clearly a political comment about
them --then it would be a case for the courts to decide.
And unless he has decamped Jerome is in the US.
graywolf
http://www.graywolfphoto.com
http://webpages.charter.net/graywolf
"Idiot Proof" <==> "Expert Proof"
-----------------------------------
John Francis wrote:
There's no such thing as "the" copyright. You own "a" copyright
in the image, based on the fact that you took it. But it's quite
possible for other people to have copyright interests in the shot
(as, for example, if it is a photograph of a copyrighted subject).
Plus, as you note, there's more than simply copyright involved.
On Mon, Apr 03, 2006 at 07:56:34PM +0100, Bob W wrote:
It depends on which country you are in. In general, you own the copyright
unless you have assigned it to someone else. On the other hand, some
countries such as France have privacy laws which might make it illegal to
publish the photo if the people are identifiable. Printing it on a t-shirt
would probably be construed as publishing.
--
Cheers,
Bob
-----Original Message-----
From: Jerome Reyes [mailto:[EMAIL PROTECTED]
Sent: 03 April 2006 19:29
To: pdml
Subject: copyrights
Guys and Gals,
Someone wants to use an image of mine for a t-shirt. The
problem (?) is that it's a portrait of a stranger and her
child (about 1 year old) that I took about 5 years ago while
just walking through a local street fair.
I've contributed nature and animal photos before, put never
people shots (without permission). In short, the question is,
can I really sell this photo for usage without permission
from the person in it? I guess I'm picturing a hilarious
(albeit unlikely) event of the person eventually coming
across someone wearing a tee-shirt with THEIR photo on it.
How weird would that be?
Thoughts? Experiences?
- Jerome Reyes
