The area is not at all gray. Editorial is almost worse than commercial use. The rule is: If you feature an identifyable person and with the photograph or caption PUT WORDS IN THEIR MOUTH you become liable for 1) the content that may differ with their points of view and 2) no remuneration without permission for their endorsement or seemingly endorsement. As an artistic photograph, a scenic on a card or book cover, no problem. A photograph in an art exhibit, no problem. As soon as the person becomes a speaker from within the picture, problem. S. ----- Original Message ----- From: "Richard Martin" <marphoto@xxxxxxxxx> To: "List for Photo/Imaging Educators - Professionals - Students" <photoforum@xxxxxxxxxxxxxxxxxxxxxx> Sent: Wednesday, September 22, 2004 7:02 AM Subject: Re: Can I publish? > > --- balobo@xxxxxxxx wrote: > > > I have a picture taken in a public park of five young (around > > 2 years > > old) children from more than one family. I asked the parents > > if I could > > take a picture, they said yes, nothing was written. Can I > > publish this > > photo? > > Any help is much appreciated, Thank you! > > > > Bruce Wolff > > Brookline, MA, 02446; USA > > balobo@xxxxxxxx > > Editorial use, like in a local newspaper, generally doesn't > require a release. Commercial use definitely does. Commercial is > broadly defined as selling or promoting a product or a service. > That includes all advertising, most magazines, and much of the > Web. > There are large gray areas here. But photos of children are a > touchy subject nowadays. I personally wouldn't dream of using a > photo of a child for anything without a written release from the > parent or legal guardian. > > Richard > > > ===== > Richard Martin specializes in Cityscape > and Waterscape stock photography. > E-mail: marphoto@xxxxxxxxx > Web: http://www.marphoto.com > Web: http://www.poetographycreations.com > > >
