How to sell an image (including logo, people) without release, safely?

gary718 · May 30, 2007

If I want to sell a Times Square Image (including logo, people), could I simply add following statement in my gallery?

"Any images in the galleries are available for printing or downloading. Some images which include people or copyrighted items can only be used for editorial use. Additional permission may be required for other use."

For the Rock & Roll Hall of Fame case, the photographer sold the poster of Hall and was being sued. He can say the poster is not for promotional material and it is educational. The bottom line is he got money from the sell. I just do not want see the similar case here. Could someone help me out in this issue? What is the best way to protect ourselves?

Thanks,

Angelo · May 30, 2007

gary718 wrote:

"Any images in the galleries are available for printing or downloading.

Really? You really want to give everyone permission to do whatever they want with your images? That's what this statement says.

gary718 wrote:

For the Rock & Roll Hall of Fame case

What case?

gary718 wrote:

...the photographer sold the poster

poster? a commercially reproduced and mass marketed poster?

The general rule of thumb is; you can sell any image you want as long as it is limited to an art piece.

If I take a photograph of the Hard Rock Cafe in Times Square and it dominates the frame, virtually negating its location and sell it in mass quantities I can and should expect to be hearing from their lawyers.

If, on the other hand, I take a photograph of Times Square in which many signs, people, vehicles, weather, garbage, traffic lights et al are included and I title it "Times Square" there is little any one entity can do to prove you've in some way misappropriated their identity and used it for commercial gain.

BTW - I am not a lawyer

www.vipagency.com · May 30, 2007

lawyer first!
Please talk with lawyer first on this issue!

gary718 · May 31, 2007

Here is the case:
http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=6th&navby=docket&no=980020p&exact=1

I do want to sell my photos in my site... and I do not want them abuse the editotial photos.

Angelo wrote:

Really? You really want to give everyone permission to do whatever they want with your images? That's what this statement says.

What case?

poster? a commercially reproduced and mass marketed poster?

The general rule of thumb is; you can sell any image you want as long as it is limited to an art piece.

If I take a photograph of the HRC in Times Square and it dominates the frame, virtually negating its location and sell it in mass quantities I can and should expect to be hearing from their lawyers.

If, on the other hand, I take a photograph of Times Square in which many signs, people, vehicles, weather, garbage, traffic lights et al are included and I title it "Times Square" there is little any one entity can do to prove you've in some way misappropriated their identity and used it for commercial gain.

BTW - I am not a lawyer

Angelo · May 31, 2007

gary718 wrote:

Here is the case:
http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=6th&navby=docket&no=980020p&exact=1

Precisely as I posited. That photographer was selling pictures of their building, which is a copyrighted design in itself and used their trademark in identifying it.

gary718 wrote:

I do want to sell my photos in my site...

If you show us perhaps we can offer more specific advice.

gary718 wrote:

... and I do not want them abuse the editotial photos.

sorry, I don't understand that statement.

How to sell an image (including logo, people) without release, safely?

Comments