> -----Original Message----- > From: Cotty [mailto:[EMAIL PROTECTED]
> The question is whether the act of walking down a public > highway, wearing a T-shirt with a picture of a person(s) on > it comes under this same editorial useage, or whether it is > classed as 'commercial' (as in commercial gain). > > This would be an interesting test case! > there is an interesting article here about the ethics of using the same photograph in different contexts: http://www.zonezero.com/magazine/articles/jacobson/magnum1.html It discusses the rights & wrongs of the way Martin Parr allowed some of his photos to be used for adverts which had pejorative captions. In at least one case the photos were used without permission of the clearly identifiable subjects. My own view is that there is no difference between publishing a photo on a one-off t-shirt, and publishing it on the front of a mass-circulation book. By and large it is quite acceptable to publish it on the front of a book without permission, and I think this is the correct approach from the legal point of view. There are, of course, many situations when it would be legal, but unethical, but these depend largely on the particular context and situation. Bob
