Not necessarily. You could take the view that the people shown on the t-shirt are in the same position as people who have been photographed by somebody like Elliott Erwitt as a snapshooter, and the photographs published in a book - even on the cover of a book. There is no requirement for a release in this situation.
As for John's comment about 'a copyright', this seems to me to be incorrect. The photographer is the author of the photograph and is the sole copyright holder (except where explicitly assigned). If the photographer has breached someone else's copyright in taking the photograph, that does not change the photographer's copyright in the photo itself. So, if I take a photo in your house, and it happens to include one of your photos, you do not gain a share in the copyright of mine although you may try to sue me for violating your copyright. However, that is irrelevant because the question is about the right to publish, not about the right to copy. -- Cheers, Bob > -----Original Message----- > From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] > Sent: 03 April 2006 21:08 > To: [email protected] > Subject: Re: copyrights > > I think Tom is right here. A t-shirt is commercial use, > because the image is being used to generate profit. Editorial > use implies that the persons image is used in the course of > reporting events. Selling photos of people shot on the street > is probably a grey area. > Paul > -------------- Original message ---------------------- > From: graywolf <[EMAIL PROTECTED]> > > This is not a copyright issue. It would be considered a commercial > > (even if the t-shirt was a one off) use of someone's image > without permission. > > This is a clear case where a model release would be needed > to legally > > use the photo that way. The only possible way around a > release is if > > the persons were famous and the image was clearly a > political comment > > about them --then it would be a case for the courts to decide. > > > > And unless he has decamped Jerome is in the US. > > > > graywolf > > http://www.graywolfphoto.com > > http://webpages.charter.net/graywolf > > "Idiot Proof" <==> "Expert Proof" > > ----------------------------------- > > > > > > John Francis wrote: > > > There's no such thing as "the" copyright. You own "a" copyright > > > in the image, based on the fact that you took it. But it's quite > > > possible for other people to have copyright interests in the shot > > > (as, for example, if it is a photograph of a copyrighted subject). > > > Plus, as you note, there's more than simply copyright involved. > > > > > > > > > On Mon, Apr 03, 2006 at 07:56:34PM +0100, Bob W wrote: > > > > > >>It depends on which country you are in. In general, you own the > > >>copyright unless you have assigned it to someone else. On > the other > > >>hand, some countries such as France have privacy laws which might > > >>make it illegal to publish the photo if the people are > identifiable. > > >>Printing it on a t-shirt would probably be construed as > publishing. > > >> > > >>-- > > >>Cheers, > > >> Bob > > >> > > >> > > >>>-----Original Message----- > > >>>From: Jerome Reyes [mailto:[EMAIL PROTECTED] > > >>>Sent: 03 April 2006 19:29 > > >>>To: pdml > > >>>Subject: copyrights > > >>> > > >>>Guys and Gals, > > >>> > > >>>Someone wants to use an image of mine for a t-shirt. The problem > > >>>(?) is that it's a portrait of a stranger and her child (about 1 > > >>>year old) that I took about 5 years ago while just > walking through > > >>>a local street fair. > > >>>I've contributed nature and animal photos before, put > never people > > >>>shots (without permission). In short, the question is, > can I really > > >>>sell this photo for usage without permission from the > person in it? > > >>>I guess I'm picturing a hilarious (albeit unlikely) event of the > > >>>person eventually coming across someone wearing a tee-shirt with > > >>>THEIR photo on it. > > >>>How weird would that be? > > >>> > > >>> > > >>>Thoughts? Experiences? > > >>> > > >>> - Jerome Reyes > > >>> > > >>> > > >>> > > >>> > > >> > > >> > > > > > > > > > > > >
