Roger
Guest
0 post
3-Mar-2008
9:20 AM
Hello;
I'm wondering if someone can direct me to some concise info about "Do's" and "Don'ts regarding photographing people and/or objects for publication in a newspaper or online medium? I've heard soem conflicting views on Fair Use and privacy, so I wonder if there is at least a state consensus. Thank you.
L Sigman Esq
44 post s
5-Mar-2008
1:15 PM
There is a lot of misunderstanding about "Fair Use" with regards to copyrights. Fair Use is not an absolute right - it is a defense to copyright infringement. Whether this defense applies to an infringment case is something decided by the courts on a case-by-case basis. The only "given" situation for fair use is when a copyrighted work is used for "...purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom work), scholarship, or reserach..." Sec. 107 of the Copyright Act.
Privacy is another matter entirely. To be safe, get written permission from any people in photographs to use thier image as it appears in the photo. While this won't protect you from all potential liability, it will provide some security.
Last Edited on 5-Mar-2008 1:15 PM
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