Legal Issues taking pictures of people
Thursday, July 20th, 2006
When I took this picture of Antonio Hart at The Blue Note I posted a question in a technical thread on flickr: could I print and sell this image of Hart without his consent. Here’s the facinating thread that is still growing from that question: Legal issues shooting people.
Here’s an interesting link that came in that thread: Art-Ful Dodge Kos Orthodox Photo Suit.
Hi Richard
You may not publish images of an identifiable likeness of a person, or their property, without their permission … this is true of folks at PTA meetings for use in the local paper or a picture of The Shrub picking his nose at a news conference. And publish means any type of publication … publishing it on your web site counts as publication. The strict photojournalistic use of the word “publication” means just SHOWING it to ANYONE. We don’t get so picky these days, but technically, that is publication.
The Blue Note gave you permission to photograph their premises. Had they not given this permission, you would also have to get a release from them, as well as from their performing artist, in order to publish a photo you had shot there. No doubt they checked with their artist to find out if he felt comfortable having photos taken for your own personal use. He apparently was comfortable with this. Their release of their premises does not extend to commercial use of their artist’s likeness.
Using the picture on a greeting card you are selling is for sure commercial use … you are using this man’s identifiable image to put cash in your pocket … nothing can be more commercial than that.
The fact that there are publications willing to purchase photos of The Shrub picking his nose at a press conference, without a release in hand, begs the question of what is legal, professional, or moral. Of course I have to answer those questions for myself … tho I might be sorely tempted in the case of the picking Shrub!!!
Keep having fun, Carrie
Carrie: I knew you’d have the bottom line. Thanks for the comment. Of course, I now need to take this photo off my site, right? Ugh.
understood…
have questions…
what about news? does that fall under a different category ?
because in the newspapers everyday there are pictures of people and criminal who i doubt signed a release…
also, what if you take a picture of someone and then somebody wants to buy it, but you have no idea who the person in the picture is, to get a release, do you say no i cant sell it and give it to em? or do you sell it and if someone says, hey thats me! i want my money, pay em?
Shawn: I think there is a difference between people who are identifiable, like a famous musician or actor, and the rest of us.
If I took a picture of Tom Cruise and then tried to sell it on a postcard Tom Cruise could and would ask me to stop and then, sue me.
If I take a picture of you that isn’t libelous I’m pretty sure I have the right to publish that picture. Making money from it may require a release from you but I’m not sure.
This is why I stick to flowers and landscapes… they tend not to have agents and lawyers.
Hi Richard,
Dan Heller has some great information regarding the use of photographs and when you need and do not need a model release (a subjects written consent). Here is a link to the specific area on his web site regarding model releases:
Dan Heller on Model Releases
Dan has published multiple books on photography, one specifically in the arena of selling photos and the need for a model release. I trust what he says when it comes to releases. There’s a pile of info on his site (for all areas of photography) so have fun digesting.
Take care,
Johnny
Thanks Johnny, I’ll give it a read.
[...] Richard Wanderman poses the question of what he can legally do with his photographs of other people, one in particular of the musician Antonio Hart When I took this picture of Antonio Hart at The Blue Note I posted a question in a technical thread on Flickr: could I print and sell this image of Hart without his consent. Last night I was at The Blue Note in New York and shot a number of pictures of a famous jazz band, mostly of individual players like this one of Antonio Hart: Antonio Hart Soloing at The Blue Note My question for all of you pros and semi-pros is: what can I do and not do with a picture like this? I know I can post it here. I know I can print it for personal use, but can I sell it? Can I publish it in a magazine? [...]
I have a similar issue. I have taken a photo of an original artwork which i purchased and own. I have included the photograph in my marketing material to show my work and which i havde issed to many people marketing my skills. Is this a problem?
Sosa: I don’t think it’s a problem as long as you state clearly that you took the picture, you did not create the artwork that the picture is of. It would be great to cite the artist who created it. It will always help to ask the artist if they mind. I doubt they will as it’s free advertising for them.
I routinely shoot portfolio images for artists and sometimes even post them on flickr and elsewhere. I don’t, however, make fine art prints or notecards of them and sell them. If I considered printing and selling them I would think I’d need an arrangement with the artist: permission and no doubt a percentage of sales.
Hi
I have been taking photos of the children at my sons high school to make a memory book of his senior year. The kids want to see the picts so I have posted them to facebook for them to see, have, share, print. I was recently told that I should not do this because it is a violation of their privacy. The photos were taken in public places such as at band camp and at various 5K racing events. I had planned on shooting at the football games and at cross country meets, etc. I do not feel I am doing anything wrong and have been reading a lot and it is my understanding that as long as I am not trying to make the kids looks bad or selling the picts for profit or being malicious in any way I am fine to do what I am doing. What are your thoughts?
Thanks
Jen: Many parents feel that pictures of their kids online, especially when names are used, may be invitations for trouble.
The problem is, sometimes these parents are right, and sometimes they’re being overly paranoid.
At this point its less a legal issue, more an issue of you being considerate of the feelings of others (which I’m sure you are).
The best way to handle this is to only post pictures of kids where you have permission and then, only use first names and no other identifying information.
I say all of this knowing that many kids are “sexting” each other. Still, it’s important for you to consider the privacy rights of others, including overly paranoid parents.