Forums > General Industry > Copyright, Right to Publicity, Fair Use links

Photographer

Ty Simone

Posts: 2885

Edison, New Jersey, US

Since so many posts have been made in reference to Copyright / right to publicity / fair use, I decided to put some links up where people can look first before asking.

If I am lucky, a Mod will sticky this somewhere and we can eliminate the multitude of threads.

As always, If there is ANY doubt, the best thing to do is contact a lawyer!

Right to Publicity Links
Copyright Law
Copyright myths
Copyright and Fair Use Overview


Disclaimer: The above links are public websites that contain information outside the control of this poster.
For those sites that are not government entities, the information, although reviewed, may be in error. (although I highly doubt it)
The above is not meant to take the place of consulting an IP Lawyer!
Oh yeah, You can not hold me liable for any lawsuit arising from the use of this information........

Jul 11 05 10:48 am Link

Model

Karma

Posts: 115

Richmond, California, US

Ty...I'm going to sue you for posting those links without asking those that wrote it! (rotfl- you know, of course, I am just joking)

Thanks for the info. It is needed as a resource on here.

Jul 11 05 11:18 am Link

Photographer

Ty Simone

Posts: 2885

Edison, New Jersey, US

Posted by Sun Karma: 
Ty...I'm going to sue you for posting those links without asking those that wrote it! (rotfl- you know, of course, I am just joking)

Thanks for the info. It is needed as a resource on here.

Uh-oh. I should have put up there links to court decisions about hyperlinks. :-P

Jul 11 05 11:51 am Link

Photographer

StMarc

Posts: 2959

Chicago, Illinois, US

Good idea. Here are some more:

The Substantive Law of Model Releases: http://www.simslaw.com/model/model_releases.htm (Art Law Review Article - dated, but good.)

National Press Photographer's page on Model Releases (including example forms:)
http://www.nppa.org/professional_develo … /releases/

M

Jul 11 05 11:56 am Link

Photographer

Ty Simone

Posts: 2885

Edison, New Jersey, US

Posted by StMarc: 
Good idea. Here are some more:

The Substantive Law of Model Releases: http://www.simslaw.com/model/model_releases.htm (Art Law Review Article - dated, but good.)

National Press Photographer's page on Model Releases (including example forms:)
http://www.nppa.org/professional_develo … /releases/

M

I was waiting for you to show up in this thread! I knew you had to have more good links!
Thanks!

Jul 11 05 12:02 pm Link

Photographer

StevenNoreyko

Posts: 235

Austin, Texas, US

For Photographers and Artists:

ASMP Copyright Application Tutorial

Jul 11 05 02:54 pm Link

Model

theda

Posts: 21719

New York, New York, US

Well, I'll try making it a sticky, but as we have seen, sticky posts aren't always read.

All the links listed in this thread contain helpful information, but should not be considered a replacement for competent legal counsel. I suggest reading the information contained in those links, but contacting an IP attorney if you need contracts drawn up or need to start litigation.

Jul 12 05 02:21 am Link

Jul 12 05 12:19 pm Link

Photographer

Peter Dattolo

Posts: 1669

Wolcott, Connecticut, US

Great post, this will be very useful for referring people too.

Jul 12 05 07:47 pm Link

Model

Jeri Lynn Astra

Posts: 240

Pleasantville, New York, US

Good call!

Jul 15 05 05:35 pm Link

Photographer

piers

Posts: 117

London, Arkansas, US

Some UK specific resources:

[url="http://www.opsi.gov.uk/acts/acts1988/Ukpga_19880048_en_1.htm"]
Copyright, Designs and Patents Act 1988
[/url]

own-it.org Copyright advice service.

Beyond The Lens Definative guide from The AoP

Jul 16 05 05:00 am Link

Photographer

Glamour Boulevard

Posts: 8628

Sacramento, California, US

Another thing on copyright law that may be of interest is the Berne Convention. Google it smile

Jul 26 05 06:34 am Link

Photographer

Ty Simone

Posts: 2885

Edison, New Jersey, US

Jul 26 05 06:52 am Link

Model

Praxis

Posts: 170

Raleigh, North Carolina, US

Amazing, not a single model post on this thread yet...

Aug 05 05 04:04 pm Link

Photographer

Ty Simone

Posts: 2885

Edison, New Jersey, US

New link for a case to follow in the New York Area concerning Right to privacy and the definition of Commercial

Link here

Aug 08 05 07:06 am Link

Photographer

Ty Simone

Posts: 2885

Edison, New Jersey, US

I see one of the mods decided to unsticky this thread.

Aug 09 05 07:09 am Link

Photographer

John Paul

Posts: 937

Schenectady, New York, US

Yep..yep...yep..... Best thing to do is to go to an IP attorney in your state with your questions and concerns.. because there are so many loosly worded statements here..that can land you in a pale of hot water..  A meeting with one may cost you 200 bucks but it is worth it, + it's a write off..  smile

  JP

Aug 09 05 08:36 am Link

Photographer

Ty Simone

Posts: 2885

Edison, New Jersey, US

Aug 09 05 08:47 am Link

Photographer

Ty Simone

Posts: 2885

Edison, New Jersey, US

Please Sticky Me again!

Aug 10 05 06:36 am Link

Photographer

studio36uk

Posts: 22898

Tavai, Sigave, Wallis and Futuna

Before this gets stickied again here is another link...

LINK:  STATE OF FLORIDA - Statutes - CHAPTER 540 - COMMERCIAL DISCRIMINATION

See section:
540.08  Unauthorized publication of name or likeness

This is very similar to the NY statute except that there is a "get out" for shots of the public who are not otheriwse identified - e. g. crowd shots or street photography

Also see section:
540.09  Unauthorized publication of photographs or pictures of areas to which admission is charged.

Concerning shooting and publication of images of certain PLACES and BUILDINGS

Studio36

Aug 10 05 07:09 am Link

Photographer

Ty Simone

Posts: 2885

Edison, New Jersey, US

thanks studio36uk.

I wish they would sticky this again. Since it was unstickied, 3 threads I believe have shown up on this issue.

It is a good resource.
Just because a mod thinks that he is ...

Nevermind. I will be nice.

Aug 10 05 01:19 pm Link

Photographer

Ty Simone

Posts: 2885

Edison, New Jersey, US

Still no sticky back on this thread.

Aug 11 05 06:54 am Link

Photographer

Ty Simone

Posts: 2885

Edison, New Jersey, US

John Paul wrote:
Yep..yep...yep..... Best thing to do is to go to an IP attorney in your state with your questions and concerns.. because there are so many loosly worded statements here..that can land you in a pale of hot water..  A meeting with one may cost you 200 bucks but it is worth it, + it's a write off..  smile

  JP

I love that.
What is wrong with America? Everyone goes to a lawyer for everything so they can sue everyone else and only Lawyers have money in the end.

Come on, Simple common sense prevails in most cases, and spending $200 because you have a simple question that can be answered by following a link to a legitimate site that explains it is stupid.

There are no loosely worded statements here.
There ARE links to the law, Some links to interpretation of the law by legal experts. Some links to pending case law (as in a case that will define something.)

Even if you feel the need to simply jump to a lawyer, Is it not better to ask "For the purposes of IP is placing a picture on a website considered Commercial or not under EWT v Jirah?" instead of saying.
I want to put a picture on this website,  Can you tell me the legal ramifications?"

The difference is well going to be something like $1500, not a mere $200.

You trust a doctor 100%? Or do you do a little research first so you know what questions to ask?

Same thing here.

If you think you might get in trouble, Hell yeah seek an attorney! But at least go there with some semblence of knowledge about what you are asking!!!

Aug 11 05 08:04 am Link