Using Photos of Strangers?

Started 6 months ago | Discussions thread
Me Tarzan
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Re: Using Photos of Strangers?
In reply to Ralph McKenzie, 6 months ago

Ralph McKenzie wrote:

After reading the last to replies, all I can say is I'm glad I don't live in the USA.

To me it sounds like the most restrictive place that any serious amateur or professional photographer could ever have the misfortune to actually own a camera.

Frankly the view that the "vase" may be copyrighted is laughable. Assuming you aren't going to manufacture a copy of the "vase" in commercial proportions, the idea that said object is not able to be photographed renders me almost speechless with laughter.

Ralph, just to clarify, this applies when the image intends to be SOLD, and I assure you that copyright infringement is no laughing matter. You can take pictures of a copyrighted item all day long [most of the time]. You just can't sell the image which contains a copyrighted 'piece' w/o a release.

I took a quick glance at basic New Zealand Copyright Law and it appears that your country's guidelines are close to ours: http://www.copyright.org.nz/viewInfosheet.php?sheet=29

You'll need to open the PDF.

To clarify again, when you're using a copyrighted piece [goods, creative works such as a poem, a person, etc.] in a photograph, most of the time you'll need a release if you intend to again, SELL the image. There are certain exclusions.

Edit. At this point I'm going to bow out of the conversation. Because each case varies, it's best to seek the advice of an attorney which qualifies in this area of law to be certain that the image being sold is 'cleared' from personal risk.

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