On Jan 21, 2011, at 5:08 PM, Igor Roshchin wrote:
>
>
> John,
>
> I don't see much about this subject beyond what I quoted already.
> The 4th (2010) edition may have more material on that.
>
> BTW, try from your university/college - it may have access
> to this e-book from campus/library:
> http://www.netlibrary.com/Reader/ - enter the book title to search
>
>> * Your use is for commercial purposes such as advertising or to sell a
>> product or service.
> My interpretation (and here is where I am not 100% sure, but suspect
> it's the case) is as follows.
> You cannot use that photo to advertise (or to sell) anything else, -
> e.g. any merchandise with that image would not be legal to sell
> without proper release (mugs, shirts, calendars, etc.).
>
> But I wonder if you can sell the photo itself - as a photo
> (as long as it was taken legally, - i.e. on a public property,
> in a public setting, etc.) ???!
> I suspect - not....
You can sell a print of any photo taken on public property without a release.
Selling a print is no different than selling the image to a publication. In
fact, it's more benign. Of course in our litigious society, you run the risk of
being sued if you look at someone the wrong way. But in terms of accepted
practices, photos taken on public property can be used for anything short of
advertising.
Paul
>
> P. 11-5: there is a sub-section entitled:
> "c. Using Trademarks, Fictional Characters or Celebrities on Merchandise",
> but it only mentions the issues when a celebrity plays a fictional
> character.
> More over, it is not clear to me if a stand-alone photograph ("print")
> falls under "merchandise". Probably yes.
>
> At least, on p. 11-6, the book lists "some royalty estimates" for
> merchandise:
>>>>>>
> Greeting cards and gift wrap: 2%-5%
> Household (cups, sheets, towels): 3-8%
> Fabrics, apparel, decals, bumper stickers : 5-10%
> Posters and prints [!]: 10% or more.
> <<<<<
> (I don't know if prints means photo prints, or anything else.)
>
> Sorry, this may confuse you more then provide light.
>
> Igor
>
>
>
> Fri Jan 21 14:24:36 CST 2011
> John Sessoms wrote:
>
>> Does the book say anything about selling prints (aka fine art prints)
>> of photographs containing recognizable people?
>
>
>
>
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