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Is "editorial" use considered "non-commercial" use?

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Thread started 18 Jun 2012 (Monday) 21:55   
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chrismar
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Discuss.

Post #1, Jun 18, 2012 21:55:42


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FlyingPhotog
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Yes...

In fact, well-known photo attorney Carolyn Wright uses "Editorial" and "Fine Art" interchangeably to mean "Non-Commercial."

Post #2, Jun 18, 2012 21:58:34


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chrismar
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FlyingPhotog wrote in post #14598717external link
Yes...

In fact, well-known photo attorney Carolyn Wright uses "Editorial" and "Fine Art" interchangeably to mean "Non-Commercial."

Link?

Post #3, Jun 18, 2012 22:02:15


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stephenb49
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There is nothing to discuss. It is a self evident non-question. "Editorial" and "commercial" usages have been defined for over seventy years, and despite the reigning confusion and daily nonsense churned up by the general run of uninformed forum users, their definitions are not in doubt, and will not be redefined any time soon.

And in case you are genuinely wondering: editorial usage is non commercial...editorial and commercial usage are mutually exclusive, despite the ability for them to coexist within what might be regarded as an editorial publication, or as some would have it, a commercial publication, such as a magazine or newspaper

Post #4, Jun 18, 2012 22:08:33




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FlyingPhotog
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chrismar wrote in post #14598739external link
Link?

http://www.photoattorn​ey.com/external link

Her blog is a regular stop on my web tours and her book is always next to my keyboard.

Post #5, Jun 18, 2012 22:09:23


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chrismar
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stephenb49 wrote in post #14598766external link
There is nothing to discuss. It is a self evident non-question. "Editorial" and "commercial" usages have been defined for over seventy years, and despite the reigning confusion and daily nonsense churned up by the general run of uninformed forum users, their definitions are not in doubt, and will not be redefined any time soon.

And in case you are genuinely wondering: editorial usage is non commercial...editorial and commercial usage are mutually exclusive, despite the ability for them to coexist within what might be regarded as an editorial publication, or as some would have it, a commercial publication, such as a magazine or newspaper

Thanks, the best explanation I've read.

In this context, what is the definition of "editorial"?

Post #6, Jun 18, 2012 22:14:58


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FlyingPhotog
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In short, "Editorial" is News or Newsworthy

Post #7, Jun 18, 2012 22:27:32


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Dan ­ Marchant
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It is important to understand that in relation to photography "commercial use" is not the same as "making money".

A photographer can license a print of a photo for private use, or license a photo for editorial use in a newspaper. Although she makes money this isn't what is normally meant by "commercial use". Commercial use means that the person or company that licenses the image uses it for advertising/marketing/​promotion of a company/product or service. This form of commercial use is what requires a model release/permission from the person in the picture because their likeness is being used to promote/sell a product.

Post #8, Jun 19, 2012 03:54:45 as a reply to FlyingPhotog's post 5 hours earlier.


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Dan Marchant wrote in post #14599636external link
It is important to understand that in relation to photography "commercial use" is not the same as "making money".

A photographer can license a print of a photo for private use, or license a photo for editorial use in a newspaper. Although she makes money this isn't what is normally meant by "commercial use". Commercial use means that the person or company that licenses the image uses it for advertising/marketing/​promotion of a company/product or service. This form of commercial use is what requires a model release/permission from the person in the picture because their likeness is being used to promote/sell a product.

Exactly

Post #9, Jun 19, 2012 13:05:11


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RDKirk
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Commercial use means that the person or company that licenses the image uses it for advertising/marketing/​promotion of a company/product or service. This form of commercial use is what requires a model release/permission from the person in the picture because their likeness is being used to promote/sell a product.

I would add that in the US, "commercial use" is defined at the state level, as privacy laws and case law that requires model releases are also at the state level.

In states where "commercial use" is specifically defined by legislation, Dan's definition is true. In states where it has been defined by case law, Dan's definition is also true.

Notice that it's "commercial use" which is defined as requiring a model release. In at least a couple of states (NY and IL, that I know about), the commercial uses of a photographer's portfolio and display in the studio are explicitly exempted by law from requiring a model release. Thus, the definitions of "editorial" and "art" are irrelevant--the laws do not address them.

The US Supreme Court has ruled that the First Amendment guarantee of free expression also includes the right of the artist to earn his living through his free expression, thus selling the work itself cannot be inhibited, nor can advertising the sale of the work itself be inhibited.

That's why you can sell a photograph as well as put that photograph into an advertisement for the sale of that photograph...all without a model release. Note, though, that neither possession of a model release nor the First Amendment is an airtight protection from a lawsuit for personal damages that your use may cause.

Post #10, Jun 21, 2012 13:12:48 as a reply to elrey2375's post 2 days earlier.




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