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Old Jun 19, 2007 | 5:18 pm
  #22  
dhuey
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Originally Posted by Bobster
I was thinking more about the TV news channels that broadcast the video in an endless loop, with the same innocent people being shown over and over and over. Isn't that commercial use, since they are doing it only to make money?...
Excellent question. See Zacchini v. Scripps-Howard Broadcasting Co., 433 U.S. 562 (1977) for when the First Amendment clashes with right to publicity laws. http://caselaw.lp.findlaw.com/script...=433&invol=562

The short answer is that brief, incidental shots of people in public places can be included in news broadcasts without the permission of those filmed.
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