[Clipart] [cc-community] In the interim...
ted at gould.cx
Wed May 9 09:16:26 PDT 2007
On Tue, 2007-05-08 at 19:40 -0700, Greg Bulmash wrote:
> I managed the photo collection for the Internet Movie Database for
> years. Editorial use (i.e. using the photo in connection with an
> article about the celebrity) is protected by the First Amendment. You
> can even use an amazingly unflattering photo and you're covered.
> The right of publicity issue comes up if you use the image in a way that
> implies a connection between the celebrity and a product or service,
> particularly an endorsement of that product or service. In that case,
> you're using their image commercially, not editorially, and for
> commercial use, you have to get their permission.
I'm thinking these are okay in OCAL because the images themselves are
free. The reality is that while we say "no restrictions" on the images,
there are some by local laws. For instance, you couldn't use any of
them to incite a riot. There's no restriction on the image, just the
use of it.
But, we've forbade logos, and logos could be used in parity also. I
think the difference here is that logos are under copyright, and
licensed for specific use, but the parity comes from fair use. While
the celebrity images are free, but usage is controlled by local laws.
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