alfonso_bresciani1 Posted August 12, 2005 Share Posted August 12, 2005 I recenty went to a concert and took on my own as a freelance a great portrait of a "famous" local artist on stage and uploaded on my portolio online. Is that considered fair use since I don't actually sell that image nowehere or am I breaking his rights? Can I be forced to remove the image/s from my site? Link to comment Share on other sites More sharing options...
gaius1 Posted August 12, 2005 Share Posted August 12, 2005 I don't know where you live or what laws apply there, but in most places there's "commercial" and "editorial" use. If you are just using the image to report that he was there, like a newspaper would, that's fine. If you are using it to imply that said artist endorses your work or any other service or product, then you will require a release form. Whether you "sell" it or not is almost irrelevant; you could for example sell it to a newspaper who used it editorially - even tho' you are making money, it's still fine. That is how freelance photojournalism works, after all. You could then take the tearsheet from the newspaper and use it in your portfolio - then, even tho' it is an "endorsement" of your work, it's still OK. Link to comment Share on other sites More sharing options...
craig_gillette Posted August 12, 2005 Share Posted August 12, 2005 "Fair use" refers to use of copyrighted material. This is use of someone's image, it falls into issues of privacy and publicity, etc. The nuances of how you present your "freelance" "portfolio" will be the deciding factor and what difference that makes depends on where you live. The issue is are you using the shot commercially, which usually means in or as endorsement, even if of your own work/availability, that can be a problem. Laws differ from state to state on that. If it's only a gallery of pictures you've taken and doesn't advertise the picture or your services for sale, then I'd doubt there is any kind of problem. Link to comment Share on other sites More sharing options...
scott aitken Posted September 8, 2005 Share Posted September 8, 2005 You can show the image as a sample of your photographic ability. Without a model release, you can not use it for "commercial use". You could potentially have gotten in trouble for taking the photos in the first place, but there is little chance of trouble after the fact. Generally, most major concerts are on private property, and many of them post some sort of notice that photography at the event is prohibited. Enforcement is difficult at best with huge crowds. However, had they caught you, they likely could have ejected you from the concert. If you want to do this frequently in the future, you might want to try to get permission ahead of time to photograph the events. Link to comment Share on other sites More sharing options...
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