This entry was published at least two years ago (originally posted on November 27, 2003). Since that time the information may have become outdated or my beliefs may have changed (in general, assume a more open and liberal current viewpoint). A fuller disclaimer is available.
While I’m certainly not a professional photographer by any means, I do enjoy experimenting with photography, seeing what I can come up with, and occasionally coming up with a decent shot or two. I’ve just selected twelve photographs from my collection, and added two new items to my CafePress shop: a 2004 Wall Calendar featuring those photographs, and a full year calendar featuring a shot of Post Alley, near the Pike Place Market here in Seattle.
Oh, and the full selection of “I’m just here to get laid.” shirts are, of course, still available. I thought for sure I’d have sold more than one by now — maybe it’s not as generally funny as I think it is…;)
Good work sir. I checked out your calendar pages and enjoy many of the images. Why is the Post alley shot the only one available as a full year calendar print. Why not the others as well?
I also offer a word of caution. One of your pictures in your twelve month calendar is a small boy chasing a bird.
It is my understanding the because his face is visable and he can easily be identified, that a model release is required in order for you to “sell” the image. Because he is a minor the parents would be required to sign the model release.
This is also covered in the Cafe Press user aggrement
(quote)
EXAMPLES OF PROHIBITED CONTENT
The following are examples of content that you are PROHIBITED from using on the CafePress.com Service unless you own the content or obtain the right to use it from the owner of the content:
· No content using the likeness of a third party
(end quote)
Not trying to be a pain in the ass here, but you already had your 15 minutes. Give somebody else a turn.
No really, I stood by and watched as you made a small error in judgement, and you lost your job.
I have no intention of doing it again.
You may do as you please, but my understanding is you cannot “sell” a third party’s image without a release.
But I like the calendar, I really do!!!!
Only because as I’m just using the free level of CafePress, I can only have one of each type of item available. Were I to upgrade, I could make a full-year calendar for each photo, but for now, I can only have one.
Argh — good point. Bleah. Well, that’s been changed — the boy’s picture has been replaced with an alternate shot. When I get some time, I’d like to investigate this a bit more (we discussed this a bit back when I posted the link to the photographer’s rights file, but I’m still not entirely clear on the legalities). Still, better to err on the side of caution, and at least until I find out differently, I’m using an alternate picture.
Thanks for the thought!
The last time we talked it was about posting other peoples pictures on your site without their permission. You and someone else made the point that it was taken in public and you were not selling the photograph. The minute you put it in a calendar you started selling it.
If you get honest legal advise on the laws in Washington I would like to know the law.
Not to offend anyone but in this type of thing I don’t want opinion or hunches.
To be honest I do not know the law here in Washington but the alarm bells went off and like you I feel its better to err on the side of caution.