Godfrey DiGiorgi wrote:
>
> I am not a copyright lawyer.
<snip>
> If the T-shirt is not being used as an
> advertisement for some product
> or event, I think it would fall under the
> notion of editorial use and
> therefore not require a release unless it were
> a photo made under
> private or exceptional circumstances that
> assume an expectation of
> privacy.
That is a very dangerous assumption to make, and
I think the notion is just plain wrong. Selling
someone's image to be used on T-Shirts sold for
profit cannot possibly be considered "editorial".
The crux of the matter is not whether ot not it
is "editorial". It is at least partly about
commercial gain.
If the subject of the photo sees her image used
on T-Shirts sold for commercial gain, she is
entitled to sue the photographer, T-Shirt printer
and any reseller of those T-Shirts. It could
well be that she would receive far more money
than the photographer or the T-Shirt maker had
charged.
So my advice is DON'T DO IT! At least not
without first finding the subject and obtaining a
signed model release. If that isn't practicable,
then just don't do it.
I am not a copyright lawyer, either. But I was
advised by one and quickly became quite expert in
getting people to sign model releases. <g>
According to my lawyer, the other thing to watch,
even in editorial use, is to make sure you avoid
associating the subject's image with anything
negative.
There are several good books on the subject. For
those in the USA (I am in the UK) try searching
Amazon.com. I searched on "photographers and the
law" and found: "The Law, In Plain English, For
Photographers"; "Legal Handbook for
Photographers: The Rights and Liabilities of
Making Images"; "The Photographer and the Law";
"Laws which affect the photographer", "Business
and Legal Forms for Photographers" and others.
The last named will include the all-important
model release.
Are any of these books worth buying? You bet!
Better buy a book than risk an expensive lawsuit.
Colin
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