Re: SHooting people in stereo (strangers)

[P3D Eric Goldstein <egoldste@xxxxxx>]

Gregory J. Wageman asks:

> Aren't there exceptions to this?

when I cautioned:

> >Candids... make for
> >interesting legal issues when it comes to use of someone's image or
> >likeness for commercial purposes without a release.
> >
> >Even entry of these images in competitions, which could easily be
> >construed as promotional/commercial pursuits, has it's risks if express
> >written permission is not secured.

The only exception is the news domain, where journalists are permitted
to make "fair use" of someone's likeness or recorded image or voice
without permission in the pursuit of the public's right to know. That is
how the papperazzi (how *do* you spell that, anyway) "get away" with it.
(Though as we all know, they are frequently restrained, fined, judged
against, and otherwise impaired by our legal system when they cross the
line into commercial use, and are occasionally punched in the face by
those upon whom they prey.) As counterintuitive as it may seem, TV shows
such as "Inside Edition" and "Hard Copy" are considered news and thus
are also in the "fair use" catagory.

Any commercial or promotional use is not considered "fair use," and in
my commercial work I have been cautioned by numerous corporate attorneys
not to even think about using someone's likeness without express written
consent. I pass this along to you without knowledge of any individual
situations or circumstances. Each individual must decide for themselves
where they fall with regard to the above guidelines.

Of course, a signature on a well written release solves all of this...

Note: I am neither a lawyer, nor do I play one on TV; the above should
not be construed as legal advice blah blah blah...


Eric G.


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