Comments on: Legal Issues taking pictures of people

By: Richard

Richard — Mon, 15 Aug 2011 02:40:04 +0000

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.

By: jen

jen — Mon, 15 Aug 2011 01:57:17 +0000

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

By: Richard

Richard — Wed, 20 Jul 2011 14:12:02 +0000

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.

By: Sosa

Sosa — Wed, 20 Jul 2011 13:40:25 +0000

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?

By: DSLRBLOG - Photography Business Blog - Starting and Running a Business as a Professional Photographer » Blog Archive » Portrait Photography Legal Issues Explored

Mon, 30 Mar 2009 22:17:11 +0000

[...] 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? [...]

By: Richard

Richard — Sun, 14 Sep 2008 03:33:08 +0000

Thanks Johnny, I’ll give it a read.

By: Shoeless Johnny

Shoeless Johnny — Sat, 13 Sep 2008 20:28:40 +0000

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

By: Richard

Richard — Sat, 13 Sep 2008 10:33:22 +0000

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.

By: shawn

shawn — Fri, 12 Sep 2008 00:52:43 +0000

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?

By: Richard

Richard — Thu, 20 Jul 2006 21:52:25 +0000

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.