From: Paul Stenquist
On Jan 21, 2011, at 6:11 PM, Igor Roshchin wrote:
Paul,
Regarding the last sentence in your comment, more specifically,
the word "anything". Can you sell merchandise (a T-shirt or a
calendar) with a photo of a celebrity you snapped on a city
street or at a public event? The way I read the book (and other
materials), - that would be a violations of the existing laws.
I'm not sure. You're taking it beyond a photograph, and there may be
trademark issues involved. The passage you quoted from the book
didn't touch on anything of that nature. It merely seemed to deal
with use or a photo for advertising or promotions. That's obviously
taboo. But I'm no expert when it comes to drawing a fine line. I just
wouldn't do it.
Paul
My take on this ...
T-shirts are not "advertising", but you could still be in trouble under
other rules that allow celebrities to control merchandising of their
"image" ("image" as brand name).
The calendar is a different matter. What the image is and why it's in
the calender makes a difference.
If every month has a different celebrity or different images of the same
celebrity, that's the same as the T-shirts.
OTOH, if you're doing a calender about swing dancing in your community,
and Frankie Manning had come to one of the dances, you wouldn't need a
release for a photo of him at the local dance.
Or a calendar about motor sports. You wouldn't need a release for a
photo of Steve McQueen and his Porsche that you took while you were
attending a race.
Or a calendar about your home town. You've got the doyen of the garden
club's prize winning roses to illustrate May. You've got the church's
nativity scene to illustrate December. You've got a photo you took of
that nice young man who was born in your home town and used to live down
the street ... who is now a world famous, multi-millionaire celebrity
... to illustrate whatever month he was born. You don't need a release
from him any more than you need a release from the roses or from the
nativity scene.
If the work succeeds without the celebrity image, you don't need a
release to include the celebrity image.
Note: As specified above by Igor, the "celebrity image" is a photograph
you took in a public space; one "you snapped on a city street or at a
public event."
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