Photography Asked by AccDa on August 4, 2021
TL;DR – Would photographs that I’ve captured and displayed on my personal photography website be considered commercial if I’m not selling them? I would purely be selling my general photography services, or other photos that I know I can sell without any concerns for permission.
I’m currently building a photography site showing photos I’ve taken. I would not be selling them for purchase – they’re purely to demonstrate the composition style I like and the types of photographs I’ve previously captured. But I want the site to be used as a way for people to pay for my services (e.g they wanted to use me in the future for their own personal shoots…)
If I had a photo I’d previously taken (e.g such as in a museum, and the museum requires permission for commercial still shots), would placing that photo on my site be classed as commercial, even if I’m not selling it?
Better asked at law.SE.
But my personal I-am-not-a-lawyer and I'm in the USA call? Yes, posting an image on a website to promote your photography business is commercial use.
Simply selling prints of an image is not commercial use, btw. The logic, as I understand it, is that once used in an ad/commercial, whatever's depicted in said ad/commercial is implied to endorse the advertised product/service. That museum may not want to be associated with your photography business without being reimbursed. They pay to maintain the unique space that makes the visual interest. Without them, you couldn't have made the shot. Making money off their work without giving them a piece of the profit is what they're not happy with. If you're not happy paying them, find a different space.
Whether or not you took the photo as a pro or plan to sell prints of the image is irrelevant. What matters is that you're using it for promotional purposes.
See also: https://www.asmp.org/releases/model-releases/frequently-asked-questions-release/
Answered by inkista on August 4, 2021
Get help from others!
Recent Answers
Recent Questions
© 2024 TransWikia.com. All rights reserved. Sites we Love: PCI Database, UKBizDB, Menu Kuliner, Sharing RPP