In article <v01530505aec0e4d984d3@[207.170.129.139]>, Sharyn Horowitz
<[log in to unmask]> wrote:
>I'm in the middle of acquiring photos for our new exhibits, and I was
>wondering whether we need permission not only from the photographer, but
>from the people portrayed in the photos. I'm using photos that have already
>been published.
>
>Any ideas about our legal/ethical obligations? Thanks.

 It depends IMO on how you're using them and their source. If they'll
end up in catalogs and being sold as postcards in the bookstore for
years on end it might be wise to contact the photographer and/or the
estate.

 note: the fact that they're already published doesn't give anyone
license (in the legal sense) to use photos. For example, if you used
photos to raise funds and for some reason end up in court, telling a
judge "they were published first" wouldn't look too good for you.
 Another example: If I took an already published photo, say from an ad
series from Levi's and claimed that all was AOK because they were
published already, that wouldn't hold much water.

 If anything consult with a good attorney and explain how you're
acquiring them, for what use, possible future uses and from whom. Drop
me a line via email if you like, I know a good Intellectual Property
attorney.

             Don


SkyLight Gallery
http://www.oz.net/1world/skylight.html