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[QUOTE="RADRick, post: 1093251, member: 60936"] Finally, something I [b]do[/b] know about. :laugh: Fair use is generally considered any use that is not of a commercial nature. That doesn't mean that since you are selling the photo that it is not fair use. Selling a photo as coverage of an event is fair use. Selling that same photo for use in an ad by a company whose product or logo appear in it is not. Using an event photo on your website to promote yourself or showcase the event is fair use. Using that same photo to advertise the event is not. The appearance of people in a photo can complicate matters somewhat. If they are unrecognizable, no release is needed and the photo can be used commercially or as fair use. With recognizable people commercial use is not a good idea without a release. People photographed in public have no expectation of privacy, but they can not have their likeness used commercially without consent. Fair use like a news story or to illustrate a situation does not require a release. There are some caveats, though. If you are on private property when taking the photo, you may be subject to restrictions from being able to use photos of people. For instance, at someone's wedding where a hired photog was given all rights to photograph. Plan on keeping those pics in your private scrapbook. Also, taking photos at a concert and selling them can be a no-no unless it is to an accredited news outlet. Most performers are protected from all but fair use of their photos. As for inanimate objects, it depends. Harley is very protective of their name and logos and will sue your ass off if their trademarks appear somewhere they don't approve of. An example was a case where a porno film was made in a dealership using the bikes as background. Harley not only sued the production company to force obscuring of their logos in the film, but the dealer almost lost their franchise when they were identified as the location. Shooting a bike to sell as a feature for a motorcycle magazine is, of course, perfectly legal. If a model appears with the bike she needs to sign a release. If there's nudity, she needs to provide proof of age, which must be photocopied and submitted with the photography. Using a photo of a bike showing the brand to sell aftermarket parts will likely get you in trouble, especially if it's a Harley. The rule of thumb regarding non-commercial use of people in public is that so long as you don't pose or direct them, they are fair game. There are also laws the preclude you from using a person's likeness to ridicule or embarass. For instance, catching someone drunk and acting a fool in public is perfectly OK. Using a photo of someone in a story about Herpes without their consent is not. There is also the problem of location. Some photos can be excluded from commercial use simply because of an identifiable aspect like a building. The GE building in N.Y. is such a case. Because of the trademarked identity of the building any photo in which it appears that doesn't qualify as fair use requires permission from the owners. Publicly-funded landmarks like the Washington or Lincoln Monuments are fair game for commercial or fair use. The Empire State Building is not. There are a lot of pitfalls in street photography and some walk a fine line between legal and liable. Publication outlets expect that your submissions are cleared and free from legal entanglements. Don't expect that they will defend you if a plaintiff surfaces after they publish your submission. There are a lot of knowledgeable places on the web where you can get more details. Start with the copyright office of the federal government. DISCLAIMER: I am not a lawyer nor is the above to be considered legal advice. :laugh: [/QUOTE]
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