IndyJeff
27th of June 2004 (Sun), 08:47
A statement in the "release question" thread
Why? if the pictures aren't actually being sold for commercial purposes other than to the individual and/or their parents?
made me think I should start a new thread and explain something so those who don't understand can be made aware of what "commercial" use is. Some may think that as long as it isn't used for advertising, it isn't a commercial use. That is wrong, dead wrong.
Commercial use is constituted when an image is sold, barted or otherwise transferred from the owner to another individual for conseration of money, goods or services for the use of that image, be it hanging in someones home or business for personal or private use.
If you have an image and someone wants a copy of it to hang in their home and the buyer owns a lawn care service and comes over and cuts your grass for an 8x10 of that shot, that is the same as if he pays you $40 dollars for it. It has been sold even tho no money changed hands, it is a commercial transaction.
The only time an image may be transferred from the owner to another entity or individual for use without being considered as a commercial use is if it is used in an editorial manner, i.e. a textbook for education purposes, a newspaper, magazine or newsletter and is used in a newsworthy manner.
Lets say you have an image of a super good looking girl in a bikini standing on the beach watching a beautiful sunset in the background. You sell it to a buddy to hang in his garage, living room or bathroom. That is a commercial use.
Now the same photo is used by the Sandy Beach Times and Recorder with the caption.....A beautiful sunset enjoyed by Susie Q. Hottie, is a daily occurance at Sandy Beach located on the south end of town. Many area residents, along with visitors to the area, gather each evening to watch what many consider to be one of the worlds top 10 sunset viewing venues.......
While that sounds almost like a commercial for Sandy Beach, it would still be an editorial use. If you add "call 111-555-5500 for details on viewing sunsets" it now becomes a commercial use as it is advertising directly a contact for viewing the sunsets.
Best advice tho is, if you intend on selling an image, get a signed release and you have no worries later down the road.
Why? if the pictures aren't actually being sold for commercial purposes other than to the individual and/or their parents?
made me think I should start a new thread and explain something so those who don't understand can be made aware of what "commercial" use is. Some may think that as long as it isn't used for advertising, it isn't a commercial use. That is wrong, dead wrong.
Commercial use is constituted when an image is sold, barted or otherwise transferred from the owner to another individual for conseration of money, goods or services for the use of that image, be it hanging in someones home or business for personal or private use.
If you have an image and someone wants a copy of it to hang in their home and the buyer owns a lawn care service and comes over and cuts your grass for an 8x10 of that shot, that is the same as if he pays you $40 dollars for it. It has been sold even tho no money changed hands, it is a commercial transaction.
The only time an image may be transferred from the owner to another entity or individual for use without being considered as a commercial use is if it is used in an editorial manner, i.e. a textbook for education purposes, a newspaper, magazine or newsletter and is used in a newsworthy manner.
Lets say you have an image of a super good looking girl in a bikini standing on the beach watching a beautiful sunset in the background. You sell it to a buddy to hang in his garage, living room or bathroom. That is a commercial use.
Now the same photo is used by the Sandy Beach Times and Recorder with the caption.....A beautiful sunset enjoyed by Susie Q. Hottie, is a daily occurance at Sandy Beach located on the south end of town. Many area residents, along with visitors to the area, gather each evening to watch what many consider to be one of the worlds top 10 sunset viewing venues.......
While that sounds almost like a commercial for Sandy Beach, it would still be an editorial use. If you add "call 111-555-5500 for details on viewing sunsets" it now becomes a commercial use as it is advertising directly a contact for viewing the sunsets.
Best advice tho is, if you intend on selling an image, get a signed release and you have no worries later down the road.