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- From: mnemonic@eff.org (Mike Godwin)
- Newsgroups: misc.legal
- Subject: Re: Copyright of personal likeness?
- Message-ID: <1992Dec27.155302.23288@eff.org>
- Date: 27 Dec 92 15:53:02 GMT
- References: <1992Dec27.153503.20181@magnus.acs.ohio-state.edu>
- Sender: usenet@eff.org (NNTP News Poster)
- Distribution: usa
- Organization: Electronic Frontier Foundation
- Lines: 46
- Originator: mnemonic@eff.org
- Nntp-Posting-Host: eff.org
-
- In article <1992Dec27.153503.20181@magnus.acs.ohio-state.edu> ddaye@magnus.acs.ohio-state.edu (David C Daye) writes:
- >Hi! I'm a performer who has recently discovered a terrific photo
- >of myself in a textbook that's been in circulation for the past 8 years.
- >
- >I'm curious about a person's rights to his/her likeness. Do ordinary
- >citizens have any, to the extent that permission to publish a photo
- >of them is ever required?
-
- Generally, no. There is an exception in some jurisdictions for the
- appropriation of one's likeness for a commercial purpose, but your example
- here would not qualify as such an appropriation.
-
- >Does this change if the citizen is obviously performing in public?
-
- Assuming we're talking about a photo rather than a recording of the
- full performance, no.
-
- >Does it matter if the citizen earns income from performing?
-
- No.
-
- > Does
- >the situation change further for persons who are widely known as
- >public figures?
-
- No.
-
- >Finally, are there distinctions for use of likenesses in different
- >situations, such as news, educational texts, or artwork?
-
- Yes. It's the "commercial purposes" distinction referred to above.
- Your photo can be used in a textbook or a news article, but it can't
- be plastered on a cereal box.
-
-
-
- --Mike
-
-
-
-
- --
- Mike Godwin, |"I'm waiting for the one-man revolution
- mnemonic@eff.org| The only one that's coming."
- (617) 864-0665 |
- EFF, Cambridge | --Robert Frost
-