I think Tom is right here. A t-shirt is commercial use, because the image is
being used to generate profit. Editorial use implies that the persons image is
used in the course of reporting events. Selling photos of people shot on the
street is probably a grey area.
Paul
-------------- Original message ----------------------
From: graywolf <[EMAIL PROTECTED]>
> This is not a copyright issue. It would be considered a commercial (even
> if the t-shirt was a one off) use of someone's image without permission.
> This is a clear case where a model release would be needed to legally
> use the photo that way. The only possible way around a release is if the
> persons were famous and the image was clearly a political comment about
> them --then it would be a case for the courts to decide.
>
> And unless he has decamped Jerome is in the US.
>
> graywolf
> http://www.graywolfphoto.com
> http://webpages.charter.net/graywolf
> "Idiot Proof" <==> "Expert Proof"
> -----------------------------------
>
>
> John Francis wrote:
> > There's no such thing as "the" copyright. You own "a" copyright
> > in the image, based on the fact that you took it. But it's quite
> > possible for other people to have copyright interests in the shot
> > (as, for example, if it is a photograph of a copyrighted subject).
> > Plus, as you note, there's more than simply copyright involved.
> >
> >
> > On Mon, Apr 03, 2006 at 07:56:34PM +0100, Bob W wrote:
> >
> >>It depends on which country you are in. In general, you own the copyright
> >>unless you have assigned it to someone else. On the other hand, some
> >>countries such as France have privacy laws which might make it illegal to
> >>publish the photo if the people are identifiable. Printing it on a t-shirt
> >>would probably be construed as publishing.
> >>
> >>--
> >>Cheers,
> >> Bob
> >>
> >>
> >>>-----Original Message-----
> >>>From: Jerome Reyes [mailto:[EMAIL PROTECTED]
> >>>Sent: 03 April 2006 19:29
> >>>To: pdml
> >>>Subject: copyrights
> >>>
> >>>Guys and Gals,
> >>>
> >>>Someone wants to use an image of mine for a t-shirt. The
> >>>problem (?) is that it's a portrait of a stranger and her
> >>>child (about 1 year old) that I took about 5 years ago while
> >>>just walking through a local street fair.
> >>>I've contributed nature and animal photos before, put never
> >>>people shots (without permission). In short, the question is,
> >>>can I really sell this photo for usage without permission
> >>>from the person in it? I guess I'm picturing a hilarious
> >>>(albeit unlikely) event of the person eventually coming
> >>>across someone wearing a tee-shirt with THEIR photo on it.
> >>>How weird would that be?
> >>>
> >>>
> >>>Thoughts? Experiences?
> >>>
> >>> - Jerome Reyes
> >>>
> >>>
> >>>
> >>>
> >>
> >>
> >
> >
>
