LEGAL OR NOT
Feb 19, 2012 10:28:06 #
A math teacher disappeared from our area, her photo which was a studio portrait had been on Facebook and has appeared in newspapers, on tv, on some posters. Is it illegal for me to take that photo and put words over the top of the photo and make a poster?-
Feb 19, 2012 10:30:05 #
Yes. The fact that it has appeared somewhere else does not change the fact that what you propose is illegal.
Feb 19, 2012 10:52:34 #
What are you using the poster for?
It may be illegal, but no judge in the world is going to sanction you for making a poster that's used in the effort to find a missing woman.
No professional photographer would reasonably object to his work being used for such a purpose. Not a good PR move, to say the least.
It may be illegal, but no judge in the world is going to sanction you for making a poster that's used in the effort to find a missing woman.
No professional photographer would reasonably object to his work being used for such a purpose. Not a good PR move, to say the least.
Feb 19, 2012 12:04:33 #
donrent
Loc: Punta Gorda , Fl
USE IT !.... For what you want to do with it no business would in their right mind would try and raise hell with you for trying to do some good with it....
Feb 19, 2012 12:30:31 #
CaptainC wrote:
Yes. The fact that it has appeared somewhere else does not change the fact that what you propose is illegal.
The question was if it was illegal. It is.
Now...should it be used in this case. Of course.
Feb 19, 2012 12:37:10 #
Pellwanger
Loc: South Park, Pa
CaptainC wrote:
Yes. The fact that it has appeared somewhere else does not change the fact that what you propose is illegal.
Cliff, just visited your web site, nicely done. I see your focus is on seniors and Business portraits. Thanks for the earlier advice.
Feb 19, 2012 21:39:34 #
alann
Loc: Virginia
I thought that this would be an "editorial" use.? Not disagreeing just wondering.
Feb 19, 2012 21:43:42 #
alann wrote:
I thought that this would be an "editorial" use.? Not disagreeing just wondering.
I believe you are confusing the need for a model release with copyright issues. Happens all the time. The two have no connection.
Feb 19, 2012 22:31:37 #
Feb 19, 2012 23:42:15 #
Contact the Studio????? I bet they would willingly give you permission!!!!
Feb 20, 2012 00:17:37 #
Depends on your definition of "legal". Is it criminal? Not to my knowledge.
Would you be exposing yourself to civil claims for damages or injunctive relief to prohibit further use? Yes. Most likely a violation of the original artist's copyright. But you may have fair use and waiver defenses.
Likelihood of anyone asserting such a claims under the circumstances, slim.
Would you be exposing yourself to civil claims for damages or injunctive relief to prohibit further use? Yes. Most likely a violation of the original artist's copyright. But you may have fair use and waiver defenses.
Likelihood of anyone asserting such a claims under the circumstances, slim.
Feb 20, 2012 07:52:29 #
I don't believe it's illegal, because the photo is not being use make money or for personal gain. If they were to mention on the poster who the photographer is that took the shot, it should be all set.
Feb 20, 2012 09:06:00 #
Captain C. Wow- I just now visited your site. I did not realize your level of professional expertise. You do great work, truly professional!
Feb 20, 2012 10:58:09 #
If any photographer did object, there would be such a public outcry that their business would be damaged. I am familiar with this case, one of the suspected kidnappers was arrested in SD.
Feb 20, 2012 10:58:10 #
If any photographer did object, there would be such a public outcry that their business would be damaged. I am familiar with this case, one of the suspected kidnappers was arrested in SD.
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