The problem is that there is no clear, definitive relationship between showing off what one can do (in a portfolio), and getting a job because of it. A does not always lead to B. Therefore, not necessarily commercial. And not the same as doing work on behalf of someone else (which is how I define commercial).icepics wrote: I don't know Gary, it seems like this does fall into the category of commercial work if a photo would be used for marketing a photographer's work as a money making venture. Commercial work can be other than advertising.
If I get paid to shoot photos of someone, or for someone, that's commercial. Again, nothing in there has anything to do with my portfolio. Zip. Nada. No clear correlation. No cause and effect. We like to conflate, and that's what I'm trying to point out as a problem.I don't know if ASMP still has their 'paperwork share' on their site, but pros would share real jobs they had. I'm pretty sure any sort of paid work for a business is considered commercial even if it's your own photography business. If using the photo is for the purpose of helping you make money and attract future business then I think that is commercial use.
Fair use includes discussing the work itself, so, yeah, talking about a photo is fair game. But using the photo to illustrate some other point is not. Mostly, it's the later use that occurs, right?I think to use a photo for example on a blog would be considered fair use, not commercial, because the purpose would be for discussion, education, etc. and you wouldn't be making money from it.
Aeros wrote: Anyone who seeks to protect their intellectual and moral rights to an intellectual property should read the copyright act. A link to the Berne Treaty is included here en.wikipedia.org/wiki/Berne_Convention .
The Copyright Act is one of the most concise and easy to comprehend legal documents to read. it was because of the defense lawyers arrogance, lack of knowledge as to the Copyright Act and his underestimating my knowledge, (as a self-represented know nothing) that lost him this case and cost the Defendants megabucks to settle.
I urge one and all to follow the link provided.
Aeros wrote: I don't understand your lack of comprehension sir. Just read both my posts in this thread, then maybe you will understand. Failing that, I'm giving up. I offer you a caveat though, try to tone down your vitreolic reponses.
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