[thelist] photo copyrights

[Nan Harbison]

Thanks everyone for all of your helpful advice!
Nan 

-----Original Message-----
From: thelist-bounces at lists.evolt.org
[mailto:thelist-bounces at lists.evolt.org] On Behalf Of Laurel S. Nevans
Sent: Monday, July 20, 2009 8:25 PM
To: thelist at lists.evolt.org
Subject: Re: [thelist] photo copyrights

I am a part time craft-artist, and as such, had my picture appear on the
front of the local paper.  My sister is a former Newspaper Reporter.  I
asked her about reprinting my cover on my website, in marketing materials,
etc.  She told me that I had a certain right to "fair use" of my image in
marketing materials.  However, she said that I should include the WHOLE
fromt page in any scan, and be sure to include the newspaper's masthead and
any photo credit/caption in the scan.  In terms of advising me on web design
customers, who don't seem to understand that they just cant "save as" that
picture of them on that website and use it on their own, she advised me that
I needed to get permission from the newspaper to reprint any copy, and
permission from both the publisher and the photographer to reproduce any
photo.  Depending on the photographer's contract with the paper, either the
photographer or the publication may own the photo copyright. 
(Did they employ the photographer, as in he was on staff, on which case the
paper generally owns the photo.  Or did they buy single photos from a
freelancer, in which case it's doubtful the paper owns the copyright.)

I'm sure most advertisers fair use policies run along the lines of the
newspapers: you must reproduce the ad in its entirety, rather than just clip
the image.  I'd probably send a screen shot of the ad's intended use with a
cover letter to their corporate offices, just for the CYA factor.  If I was
handling a client of any "note", I'd probably also see what someplace like
Getty Images has and what they'd charge for use.  The advantage to
purchaseing images from places like that is that they handle all of that
legal use stuff for you.

Usual disclosures.  IANAL.  YMMV.

Laurel Nevans
Independent Computer Guru
Sunny FL, USA 

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