The definition of editorial use versus commercial use is not easily provided.
Editorial use of a photograph is found in a newsworthy item. Newsworthiness is a First Amendment, freedom of the press, interest and is broadly construed. Newsworthiness is not limited to dissemination of news in the sense of current events, but can include all types of factual, educational and historical data, or even entertainment and amusement, concerning interesting phases of human activity in general.
Commercial use of a photograph usually occurs when the picture of the person has been used for advertising
, endorsements and commercial purposes. Basically, if the use is not editorial then it could be considered commercial and its use would be an invasion of a form of right of privacy.
I have looked at the site and believe that it will qualify as editorial use of the images because it provides information about them and seeks to get them to respond to questions.
The rules for politicians and celebrities are essentially the same. Basically you are seeking to get celebrities and politicians to respond to questions because of the numbers of people who would like the answer.
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