And as I've said repeatedly (hence the frustration as you are either extremely dense or deliberately dodging those sentences just so you can argue more), the courts have made numerous exceptions for newspapers. Newspapers, not magazines. News stories fall under parts of the "fair use" clauses and unless newspapers run afoul of civil suits due to defamation of character they are basically exempt from model releases.
On 1/19/11 3:08 PM, "Paul Stenquist" <pnstenqu...@comcast.net> wrote: > But according to the copy you entered below, "any endeavor designed to create > income," newspapers would be subject to this requirement as well. > > I shoot more for magazines than newspapers. I haven't had to secure model > releases for those pubs either. It just doesn't happen very often in the real > world. > > Paul > > > On Jan 19, 2011, at 4:04 PM, Elizabeth Masoner wrote: > >> For the 50 billionth time Paul. In EVERYTHING I've said I have NEVER said >> newspapers fall under this. >> >> >> On 1/19/11 3:02 PM, "Paul Stenquist" <pnstenqu...@comcast.net> wrote: >> >>> Well, if she's right every newspaper in the country and most of the >>> magazines >>> are in big trouble. >>> Go put your fist through a wall. >>> >>> On Jan 19, 2011, at 3:40 PM, Elizabeth Masoner wrote: >>> >>>> >>>> Ok, I give up, I can¹t stay out of the conversation (I don¹t have anymore >>>> wall space that would like good with a fist punched through it). If I wait >>>> longer to email again I won¹t be polite so I¹ll email now while I still >>>> have >>>> some reasonable control over my language. >>>> >>>> Just read this it goes into the when/why/how more succinctly than >>>> anything >>>> any of us have typed so far. >>>> http://www.andrewkantor.com/useful/Legal-Rights-of-Photographers.pdf >>>> >>>> With regards to commercial usage >>>> >>>> Commercial Rights >>>> Commercial rights can be a very murky term when corporate lawyers get >>>> involved. However, a general explanation would be that commercial means >>>> any >>>> endeavor designed to create income or use by a commercial entity. Some >>>> examples would include: a sales brochure, magazine, advertisement, or >>>> billboard. >>>> >>>> Non-Commercial Rights >>>> Non-commercial rights would be items that are not designed to create >>>> significant income or use by individuals or other non-corporate type >>>> groups. >>>> Things such as church bulletins, or someone printing an image to put on >>>> their school binder would be non-commercial usage. >>>> >>>> >>>> >>>> ~Liz >>>> >>>> >>>> >>>> -- >>>> PDML Pentax-Discuss Mail List >>>> PDML@pdml.net >>>> http://pdml.net/mailman/listinfo/pdml_pdml.net >>>> to UNSUBSCRIBE from the PDML, please visit the link directly above and >>>> follow >>>> the directions. >>> >>> >>> >> >> >> >> -- >> PDML Pentax-Discuss Mail List >> PDML@pdml.net >> http://pdml.net/mailman/listinfo/pdml_pdml.net >> to UNSUBSCRIBE from the PDML, please visit the link directly above and follow >> the directions. > > > -- PDML Pentax-Discuss Mail List PDML@pdml.net http://pdml.net/mailman/listinfo/pdml_pdml.net to UNSUBSCRIBE from the PDML, please visit the link directly above and follow the directions.
