Re: The approximate image of...

["Gene Kim-Eng" <techwr -at- genek -dot- com>]

My "experience" is limited to a training class on the subject,
so if this is anything more than academic curiosity, you need
to go find a real lawyer.

News orgs are generally safe in using images of people 
in public places in news reports (printed or broadcast).  
Using the same images in a commercial, for-profit
setting, is not similarly protected.

Something non-photographic that "could be mistaken"
would be judged under the "reasonable person" rule.
Would a "reasonable person" conclude that the work
was indeed meant to resemble a specific person, and
was created in order to get around obtaining that
person's willing participation where it would otherwise
have been required?  

Of course, in all cases if someone decides to bring a
civil action, the decision is made in court and will cost
you a bundle either way.  There's a reason why stock
images is a viable business.

Gene Kim-Eng


----- Original Message ----- 
From: "McLauchlan, Kevin" <Kevin -dot- McLauchlan -at- safenet-inc -dot- com>
> I understand that makers of films/videos/printed mass media are supposed
> to get a signed waiver before using someone's recognizable image in a
> published work. There's some fair-use doctrine that might protect
> purveyors of news... or I could be wrong on that...
>
> What are the generally recognized limits of such requirements?  Is that
> the general case?  Even if it's a photo of a street scene?
> 
> How about if I just draw something that could be mistaken for a likeness
> of a specific person if one was liberal in one's interpretation? 
> 
> Is there any need to get permission to post it, print it, or otherwise
> make it public?  Does it matter whether it's a situation where the use
> of the image helps me make money?
> 
> Anyone have experience in this area?

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