Once again, it's all in what she does with the photos.Thanks Much Jake!! This question was posed as I have a friend trying to make a living doing pet photography. I know for a fact that she was not the Shows Photographer, but she did taker many photos of the Dogs and various breeds and post them on her business site. Soooo, since she often asks for my opinion I want to be sure I have my facts straight when I tell her she may need to ask permission, get releases, etc..She seems oblivious.
Press passes have nothing whatsoever to do with Fair Use. Press passes grant specific permissions of use by the venue/organizer/team/whatever, and usually grants access to areas where the general audience/fans can't go.
The only time you would need a model/property release is if you want to use the image to promote a product or service. In other words, for an ad of some sort, generally.
So what about selling the photo as art? Let's say I go to an event where Ichiro's signing baseballs. I get a great shot of him signing a ball for some kid who's got a jersey on, and bat and glove, and it's just cute as can be...
I can use it in the Times for editorial use, that's pretty clear. From what you're saying, I can sell copies to folks at the event. What about selling prints in general? Does that make a difference, or is it "commercial" only when it endorses a product or service. (i.e. I can't sell it to Louisville Slugger for an ad without a release...)
[Bob] Another example is a Casino. Many of them prohibit photos in the gaming areas, to protect customers privacy. Since it's private property, they can enforce those rules.
This covers my issue next week, I wanted to carry my camera on the streets in Vegas, and stroll through the hotels and casinos, I think it will be in my best interest to leave the camera in the room while touring the hotels in doors.