Is it necessary to get permission from the persons depicted in, say, a photograph or from the copyright owner prior to publishing and distributing the work?
ANSWER
Good practice dictates an affirmative answer to this question. Permission should be obtained from both the subject and the copyright owner prior to publication and distribution, especially for mass-marketed works like publicity posters or billboards.
The subject of the work, particularly celebrities may have a legally protected right of publicity preventing another's unauthorized use of their image for commercial purposes. Non-celebrities also have a right of privacy which may allow them to take action against unauthorized users of their image. These rights are not protected under the copyright laws; rather, they are protected under state common law and state statutes.
However, this introduces a completely separate field of law which is beyond the scope of this booklet. As might be expected, of course, the copyright owner's permission is necessary prior to publishing and distributing the work.
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