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I'm no lawyer, there might be some exceptions, but I don't believe TV-commercials would be one. Compare to the Fedex case linked elsewhere in this thread: http
by gpm 5y ago
I'm no lawyer, there might be some exceptions, but I don't believe TV-commercials would be one. Compare to the Fedex case linked elsewhere in this thread:
https://creativecommons.org/2017/02/24/update-great-minds-v-fedex-office-litigation-involving-nc-sa/ https://creativecommons.org/2017/02/24/update-great-minds-v-...
To quote from the ruling (internal quotations, which all of this is, and citations omitted)
> A licensee to make and use is not (in the absence of specific language in his license) limited to making with his own hands, in his own shop, or by his own employes. He may employ, procure, or contract with as many persons as he chooses to supply him with that which he may lawfully use, provided such conduct does not change his relation to the licensor.”
https://drive.google.com/file/d/0B0HBOY8b2doEdmpkMU4ya2dKM28/view?resourcekey=0-wkQnv81hkT8WRZURR7z6tw https://drive.google.com/file/d/0B0HBOY8b2doEdmpkMU4ya2dKM28...
Displaying the picture to recruit new soldiers seems to me to be a non-commercial use, assuming you accept that (which I admit I am asserting without support) paying to have it be displayed on TV doesn't make it commercial.
- ghaff 5y agoSo you have the ludicrous situation where the US Army or Harvard University can probably use your photo on their website (with attribution) whereas the hobbyist blogger with some affiliate links arguably can't.