I hate you, Mark for providing a good reference. It caused me searching for this book... :-) Our library has only older editions (2001, 2004), so I ordered it via interlibrary loan, also encouraging the library to purchase the new edition.
In the mean time, I can see the electronic version of the 1st (2001) edition. On page 3-22 it has the section "3. When your phtograph contains people". >>>>>> In general, you don't need permission to use a photograph of a person if your use is editorial and does not defame or invade the person's privacy (see below0. An eidtorial use is an informational use -- one in which the photo is used to elaborate or illustrate and article or story. For example, no permission is necessary to use a photo of a paratrooper in an article about the Vietnam War. however, you do need permission (known as a "release" or "consent"), for the uses described below. * Your use is for commercial purposes such as advertising or to sell a product or service. Under right of publicity laws, you cannot use a person's name or image for commercial (selling) purposes without obtaining a release. For example, if you sell sweaters from your website, you would need permission to use a photo of a model wearing one of your sweaters. This right of publicity can survive a person's death (sometimes for as long as 50 years depending on state law). There are some exceptions to these rules. If your use is editorial -- for example, a photo of a fashion model in a book about the fashion industry -- you can use the photo to advertise the book without obtaining a release. * Your use invades a person's privacy [...] * Your use is defamatory. [...] <<<<<< I am not typing it all up (it's a gif image in the e-book, so, I cannot just copy-n-paste)- just the excerpts most relevant to the previous discussion. As all legal debates, it is open to interpretation (``It depends on the meaning of the word "the". ''), so you draw your own conclusions. Personally, I think the situations described by Paul fall under the category of "editorial use" described above. HTH, Igor Thu Jan 20 08:49:44 CST 2011 Mark Roberts wrote: > For those who want the straight dope on model releases: > > Getting Permission > By Richard Stim > Nolo Press, ISBN 9781413312706 > http://www.nolo.com/products/getting-permission-RIPER.html > > This book is written by a real IP lawyer and published by a company > specializing in legal books; this particular book is used by many > colleges. Chapter 12 covers model releases. > > Rich Stims's blog on copyright/trademark issues is very good: > http://dearrichblog.blogspot.com/ > > -- > Mark Roberts - Photography & Multimedia > www.robertstech.com -- 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.
