Does an obituary photo need publisher permission

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Does an obituary photo need publisher permission

1smcwl
Jul 27, 2025, 12:34 pm

Does an obituary photo need permission ? The photo for James Patrick was posted in his obituary on the Thomas Aquinas College website.

2Keeline
Jul 28, 2025, 6:43 pm

>1 smcwl:, you will always find someone who will claim that the photographer of a portrait has some kind of implied copyright (especially since 1978) on any photograph taken.

But I tin there is a case to be made that using the photo of an author in this fashion does not hurt the photographer's ability to sell their work. It is a fair use by using it in an academic/commentary purpose.

There is seldom no risk but the risk is very low. And if asked to take it down, it can be removed.

James

3lilithcat
Jul 28, 2025, 7:05 pm

>1 smcwl:

No. LT no longer requires that you get permission; instead, it relies on the Digital Millennium Copyright Act of 1998 ("DMCA"). So if a copyrighted image is posted and the copyright holder objects, they can request that it be removed under the terms of the DMCA.

That said, if you know who the copyright holder is, that should be included in the "credit/copyright" fields.

4smcwl
Jul 29, 2025, 4:39 pm

>3 lilithcat: Thank you for the updated information