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|| SportsShooter.com: Member Message Board
Portfolio pieces as commercial use?!?
Martin McNeil, Photographer
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London | London | United Kingdom | Posted: 8:41 AM on 08.23.11 |
->> Quick question (with the standard expectation that You Are Not A Lawyer)
Does anyone know of instances whereby a photographer has ever been challenged that inclusion of an image in their portfolio has been considered as commercial use and/or infringing on "right of publicity" - particularly in regards to athletes?
I can only guess that such a challenge would be a non-starter as showcasing ones work is a cornerstone of what photographers do and how we make ourselves known.
Correct me if I'm wrong, but I can only guess that inclusion in a portfolio would be prohibited only in instances where you have to sign a release forbidding such use in order to gain access to whomever you're shooting? |
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Clark Brooks, Photo Editor, Photographer
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Urbana | IL | USA | Posted: 10:51 AM on 08.23.11 |
->> I'm pretty sure the UK right of publicity laws probably have their own distinct flavor there than here across the pond, Martin. While I am not familiar with those in your country, here, each state has their own statutes as to what rights an individual retains once their image has been captured. Some far more restrictive than others like California and New York.
Artist's portfolios, are the only exception I know of, where it is generally acceptable and permissible to use someone's likeness for what could be considered commercial use but generally not, here in the states. When reference uses of a photo, commercial use here is generally defined as any activity that markets, endorses or promotes a service, product or business. The time held argument is that portfolios only show what the creator of work (photo, painting, building) has done and not what they can do for potential client/buyer, which why the use is not thought of as commercial use.
Honestly, you would be better off checking resources in the UK for existing laws governing rights of privacy and publicity there. US laws would only give you a point a reference. You can go to just about any state's website and look up their laws regarding rights of publicity and privacy. |
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