Digital BW, The Print

kchriste writes:

> I am not a lawyer, but I've looked over the the pages in your 'fair
> use' reference and it seems to me that if the painter is printing
> copies of your photos and using them in a workshop (i.e. for
> _commercial_ purposes) that is clearly NOT fair use. If he wants to do
> this in a non-commercial setting (e.g. high school or college
> educational setting), he might have a case.

Both settings are educational.  Educational use isn't limited to
traditional high schools or colleges.  Some educational use qualifies as
fair use, even in courses offered by a commercial, private school.  For
example, using newspaper clips in a language class almost always
qualifies as fair use; using photocopies of textbooks in a class is
almost always infringement if it isn't authorized by the book publisher.

Commercial use is when the image itself is the essence of the thing
sold, or is essential to some selling activity.  For example, using an
image on a postcard is commercial use.  Using an image as the background
for an advertisement is commercial use.  However, using an image to
illustrate an article about a city or thing or place is editorial use,
and using an image as an example in any kind of educational setting is
educational use.  Some types (not all types) of educational and
informational use are "fair uses" under U.S. law (and under similar laws
in some other countries).  Commercial use is never fair use.

Additionally, in the U.S. and some other countries, editorial and
informational (and educational) use does not require model or property
releases.  Commercial use always requires releases everywhere.