That's the disagreement,l they aren't exceptions they're the rule.
On 1/19/2011 4:31 PM, Elizabeth Masoner wrote:
And as I've said repeatedly (hence the frustration as you are either
extremely dense or deliberately dodging those sentences just so you can
argue more), the courts have made numerous exceptions for newspapers.
Newspapers, not magazines. News stories fall under parts of the "fair use"
clauses and unless newspapers run afoul of civil suits due to defamation of
character they are basically exempt from model releases.
On 1/19/11 3:08 PM, "Paul Stenquist"<[email protected]> wrote:
But according to the copy you entered below, "any endeavor designed to create
income," newspapers would be subject to this requirement as well.
I shoot more for magazines than newspapers. I haven't had to secure model
releases for those pubs either. It just doesn't happen very often in the real
world.
Paul
On Jan 19, 2011, at 4:04 PM, Elizabeth Masoner wrote:
For the 50 billionth time Paul. In EVERYTHING I've said I have NEVER said
newspapers fall under this.
On 1/19/11 3:02 PM, "Paul Stenquist"<[email protected]> wrote:
Well, if she's right every newspaper in the country and most of the
magazines
are in big trouble.
Go put your fist through a wall.
On Jan 19, 2011, at 3:40 PM, Elizabeth Masoner wrote:
Ok, I give up, I can¹t stay out of the conversation (I don¹t have anymore
wall space that would like good with a fist punched through it). If I wait
longer to email again I won¹t be polite so I¹ll email now while I still
have
some reasonable control over my language.
Just read this it goes into the when/why/how more succinctly than
anything
any of us have typed so far.
http://www.andrewkantor.com/useful/Legal-Rights-of-Photographers.pdf
With regards to commercial usage
Commercial Rights
Commercial rights can be a very murky term when corporate lawyers get
involved. However, a general explanation would be that commercial means
any
endeavor designed to create income or use by a commercial entity. Some
examples would include: a sales brochure, magazine, advertisement, or
billboard.
Non-Commercial Rights
Non-commercial rights would be items that are not designed to create
significant income or use by individuals or other non-corporate type
groups.
Things such as church bulletins, or someone printing an image to put on
their school binder would be non-commercial usage.
~Liz
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