A new court ruling illustrates how artists can defend themselves against right of publicity claims as copyright holders of their work.
Category - Right of Publicity
Let’s start with some advice: Any graphic materials that promotes something; whether products, a businesses, or charitable causes, and the graphics contain images of recognizable people, — always have those people sign a model release. Of course, there are non-commercial uses that may also require a model release, (see When To Use A Model Release) but commercial uses almost...
Are street photographers protected when taking photos of strangers in public or are they invading the subject's right to privacy?
Freedom of Speech is one of our most cherished values: #1 on the Bill of Rights hit parade. It is so important that it tends to trump most other laws. Yet, Freedom of Speech is not absolute. It is often limited in ways we do not expect or includes speech some people would think is prohibited, such as the ravings of the Neo-Nazis or the Klu Klux Klan. Supreme Courts Justice Oliver...
One of the most frequently asked questions Intellectual property lawyers hear from members of the art community is “When should I get I need a model release?” Given the litigious nature of our society, this is no surprise. The fear of being sued is pervasive. The question becomes more difficult given the amount of disinformation across the web, leaving many photographers scratching...