[cc-community] publicity rights (was Re: NC/ND)

drew Roberts zotz at 100jamz.com
Mon Dec 19 19:34:10 EST 2011


On Monday 19 December 2011 18:38:04 Mike Linksvayer wrote:
> On Thu, Dec 15, 2011 at 4:57 AM, drew Roberts <zotz at 100jamz.com> wrote:
> > For instance, I am wary of putting photos of people under a BY-sA license
> > which I would be happy to put my other photos under (if they ever make it
> > stronger and I was doing until I figured out its weakness) as publicity
> > rights and privacy rights are areas in which I do not even come close to
> > my poor understanding of copyrights.
>
> I'm sure drew knows this, and not publishing photos including people
> under BY-SA is his choice,

Yes, I do know that Mike.

The thing is, even though I know my copyright law knowledge is poor and spotty 
at best, my knowledge of the law giving other protections is even worse.

So while I know I could publish BY-SA photos with people in them and either 
get model releases from the subjects where appropriate or not get any model 
releases at all and just leave it up to anyone wanting to use the photos in a 
way that would require a model release, I don't have any feel at all for how 
strong the law is protecting the people in the photos, how stiff the 
penalties are, how easy it is to prove those cases and many other things 
compared to just playing the copyright card.

I think this is actually one reason people use things like ND and NC as much 
as they do too.

> but FWIW CC licenses simply don't cover 
> publicity rights, and I don't know how they could. The copyright
> licensee may need additional rights beyond what the copyright licensor
> has offered. This is mentioned on all CC license deeds and in
> http://wiki.creativecommons.org/Frequently_Asked_Questions#What_are_publici
>ty_and_privacy_rights.3F
>
> If anyone has concrete suggestions as to how such may be better
> explained, feel free to send (here, the FAQ's talk page, or as you
> wish).

If faqs / guides to the above areas could be developed, it might help.

Perhaps community developed model release forms with guides on when and how to 
use them?
>
> Mike

all the best,

drew




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