"danlj" wrote

Actually, the occasional celeb has successfully sued for *commercial*
use of their image. I believe that anyone can photograph airshowbob,
and use and distribute those images freely as long as that use is
*noncommercial*. But airshowbob's attorney probably could earn some
cash protecting Bob's rights if the image of his airplane were to be
used commercially. This case might be stronger if Bob were to
trademark the image of his show plane. So... when airshowbob's
airplane appears in a Smirnoff ad, Bob and his attorney are entitled
arrange to a little educational chat with the company.

Right. The image of the plane or celeb is no longer incidental to the scene
being pictured when the object or person is held out as the feature part of
the picture.
--
Jim in NC