Can I use someone's picture on the cover? at DVinfo.net
DV Info Net

Go Back   DV Info Net > And Now, For Something Completely Different... > Taking Care of Business
Register FAQ Today's Posts Buyer's Guides

Taking Care of Business
The pen and paper aspects of DV -- put it in writing!

Reply
 
Thread Tools Search this Thread
Old July 20th, 2009, 12:46 PM   #1
Regular Crew
 
Join Date: Feb 2008
Location: Highlands North Carolina
Posts: 69
Can I use someone's picture on the cover?

I'm doing a DVD cover with about twenty small photos grouped around a large one of the city skyline. Two of these small photos are of recognizable faces taken in public places. Do I need to get a release to use these? They are not prominent shots, just mixed in with attractions, nature scenes, and screen grabs of people I've interviewed for the project (and who have signed releases).

Thanks in advance,
Arthur Hancock is offline   Reply With Quote
Old July 20th, 2009, 03:40 PM   #2
Inner Circle
 
Join Date: Dec 2004
Location: Arlington, TX
Posts: 2,231
I would say if you do not have their expressed permission I would not use them.
Tim Polster is offline   Reply With Quote
Old July 21st, 2009, 03:13 AM   #3
Inner Circle
 
Join Date: Mar 2005
Location: Hamilton, Ontario, Canada
Posts: 5,742
A DVD cover would definitely be a commercial use. If you don't have a release, don't use 'em.
__________________
Good news, Cousins! This week's chocolate ration is 15 grams!
Steve House is offline   Reply With Quote
Old July 21st, 2009, 06:49 PM   #4
Trustee
 
Join Date: Mar 2006
Location: Boise, Idaho
Posts: 1,997
Quote:
Originally Posted by Steve House View Post
A DVD cover would definitely be a commercial use. If you don't have a release, don't use 'em.
I always have wondered ...... how are the video guys that cover Hollywood stars are able to sell their footage if they don't have express permission (and are never likely to get it)?
Jason Robinson is offline   Reply With Quote
Old July 21st, 2009, 07:21 PM   #5
Inner Circle
 
Join Date: Feb 2007
Location: Apple Valley CA
Posts: 4,874
I believe there's a "public figure" exclusion - IOW, in exchange for being a celebrity/politician/other publically recognizable mug, you give up the "right to privacy" when "in public".

Technically that goes for everyone I suppose, as unless you have a reasonable expectation of privacy (and nowadays you're likely to be "on camera" many times in a metro area), you can't complain about having your picture taken... but no one wants pix of me... so I don't care anyway... no papparazzi following me anywhere...
Dave Blackhurst is offline   Reply With Quote
Old July 21st, 2009, 08:15 PM   #6
Inner Circle
 
Join Date: Feb 2007
Location: Tucson AZ
Posts: 2,211
I think (not necessarily "know" but "think") that it depends on whether the photograph etc was taken in a public place or in a private venue.

In a private venue, I think you either need a release or there needs to be ample notification posted at the entrance to the venue that photos will be taken and by entering one is giving an implied acceptance and release.

In public I think everybody is fair game. Where it might get sticky is if you took someone's photo and composited in a product photo in such a way that the result implied that the person was a user/consumer of the product.

But just a picture of someone sitting on the grass in Central Park = hmmm. I think no expectation of privacy so maybe no release required. Maybe!
Jim Andrada is offline   Reply With Quote
Old July 22nd, 2009, 10:27 AM   #7
Regular Crew
 
Join Date: Feb 2008
Location: Highlands North Carolina
Posts: 69
Thanks for the replies!

I removed the shots to be on the safe side, although I agree that in public you should be "fair game."
Arthur Hancock is offline   Reply With Quote
Old July 22nd, 2009, 05:15 PM   #8
Inner Circle
 
Join Date: Mar 2005
Location: Hamilton, Ontario, Canada
Posts: 5,742
Quote:
Originally Posted by Arthur Hancock View Post
Thanks for the replies!

I removed the shots to be on the safe side, although I agree that in public you should be "fair game."
It depends on the use to which the image is being put. A DVD cover comes pretty close to advertising. If the same person was briefly in the background in a scene in the video it might be another story.
__________________
Good news, Cousins! This week's chocolate ration is 15 grams!
Steve House is offline   Reply
Reply

DV Info Net refers all where-to-buy and where-to-rent questions exclusively to these trusted full line dealers and rental houses...

B&H Photo Video
(866) 521-7381
New York, NY USA

Scan Computers Int. Ltd.
+44 0871-472-4747
Bolton, Lancashire UK


DV Info Net also encourages you to support local businesses and buy from an authorized dealer in your neighborhood.
  You are here: DV Info Net > And Now, For Something Completely Different... > Taking Care of Business


 



All times are GMT -6. The time now is 05:02 AM.


DV Info Net -- Real Names, Real People, Real Info!
1998-2024 The Digital Video Information Network