starlightexp
One also needs to consider that even if a picture fits into the 'public domain' status the subject matter may not. People are tricky, with movies stars and such you may find images that are 'not copyrighted' but the actor/actress can still bring suit if they feel they are being used to sell something they did not condone. I can't take a picture of Angela Lansbury, slap in on a tarot card and sell it as a deck. I own the picture, but not this rights to publish it. HEre is a post from Yahoo on the subject:
Publication is a different matter.
In the UK for instance there is NO requirement for a model release even if this image were to be used in a "commercial" manner. Neither is there a specific privacy law in the UK.
So in effect the image could be used for anything and the only comeback the subject would have would be if the image or the captioning were libelous or defamatory.
In France there are very strict privacy laws these days and even using an image for editorial purposes could potentially see you in court.
In the US, different states have different privacy laws but in general an image taken in a public place can be published for editorial, art or educational purposes.
For "commercial" use (i.e deck making that you are publishing and not just for personal use) then a model release would normally be required.Commercial use is NOT just making money from the image, but rather when the image is used as part of an advertisement and it would be deemed that the subject endorsed that product or service.
If you just want to put the image on-line as a straightforward image (editorial or artistic) then there should be absolutely no problems.
So when gathering images one needs to be aware that just because it is in the PD does NOT mean you can use a person in a deck without their consent. They fully have the right to sue
Publication is a different matter.
In the UK for instance there is NO requirement for a model release even if this image were to be used in a "commercial" manner. Neither is there a specific privacy law in the UK.
So in effect the image could be used for anything and the only comeback the subject would have would be if the image or the captioning were libelous or defamatory.
In France there are very strict privacy laws these days and even using an image for editorial purposes could potentially see you in court.
In the US, different states have different privacy laws but in general an image taken in a public place can be published for editorial, art or educational purposes.
For "commercial" use (i.e deck making that you are publishing and not just for personal use) then a model release would normally be required.Commercial use is NOT just making money from the image, but rather when the image is used as part of an advertisement and it would be deemed that the subject endorsed that product or service.
If you just want to put the image on-line as a straightforward image (editorial or artistic) then there should be absolutely no problems.
So when gathering images one needs to be aware that just because it is in the PD does NOT mean you can use a person in a deck without their consent. They fully have the right to sue