Comments on: Legal Issues taking pictures of people

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.

By: carrie coco

carrie coco — Thu, 20 Jul 2006 20:08:28 +0000

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