Licensing Event Photos - No Release?

Started May 3, 2012 | Discussions thread
Richard Weisgrau
Senior MemberPosts: 2,917
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Re: Licensing Event Photos - No Release?
In reply to Denis of Whidbey Island, May 3, 2012

Denis of Whidbey Island wrote:

Interesting, but it seems to me that case law would be more definitive than anecdotal examples settled out of court. I'm pretty sure that there are a range of factors that help determine when an individual has legal grounds to control use of his/her image.

Denis
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I have made this letter a rather long one, only because I didn't have the leisure to make it shorter. Blaise Pascal, 1623-1662

There are a range of factors well established in the courts. They are recognizable person, advertising use, and trade use with editorial use being exempt and public display being questionable when done on the web as it can be argued that some web uses are not not promotional even when done by a commercial entity because the public display may not be promotional. The OP stated promotional use, and that fall under advertising.

When you get sued it makes not difference whether the suit was based on case law or theory. You have been sued. So anecdotes can illustrate what can happen as well as case law.

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Richard Weisgrau
http://www.weisgrau.com
Author of
The Real Business of Photography
The Photographer's Guide to Negotiating
Selling Your Photography
Licensing Photography

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