In a message dated 12/14/2007 11:37:15 A.M. Eastern Standard Time,
jds@xxxxxxxxxxxxxxx writes:
If the usage is editorial ( i.e., in a book, at an exhibit and not for sale, in a
newspaper, etc. and will not be used to advertise one of the preceding ) then
a release is generally not required.
The general consensus is that you can sell photos at
an exhibit and do not need a model release unless the picture puts
someone in a derogatory light or in a false light.. It just like selling
your pictures for editorial use to a book or newspaper company.
There is one case when the NYT Magazine use a picture of a
stock broker walking the street to illustrate an article inside about shady
brokers. The guy in the picture sued because he was an upstanding broker and
not like the ones talked about in the article. So even though it was editorial
use it was false presentation and the broker won the suit. So there are always
some exceptions based on the actual situation.
Now you do bring up an interesting point is that many art
exhibits do use pictures from the exhibit to advertise the exhibit which is
bordering on commercial use of a photo. I don't know of any cases dealing
with this use.
Roy
