copyright and my website - what photos can I display

[391615]

Not sure what the rules are internationally but here in Australia, I'm pretty sure anything shot in public space is fine to publish without permission.

My thoughts are that if I took a candid shot of a single person, I would ask them for permission to use the photo. If you intend on using photographs for respectful purposes, and not to humiliate someone, then I really can't see anyone taking the time to sue you, so I wouldn't worry about it. If someone did try and sue you, I'm sure you could just settle it by removing the image. Most of the shots I take of people I ask to take their shot first, I tell them that I'm a freelance photographer, I don't use model release forms unless I am doing a specific model shoot. If I am just out and about and finding subjects to shoot, I let it go, If people are comfortable with being photographed they generally won't have a problem with photos being published.

An example could be shooting photos at a Kart track. 3 months down the track you could get approached about a few photos of people with their karts, you aren't going to bother going and getting their details for that are you?

 

[skieur]

Not sure what the rules are internationally but here in Australia, I'm pretty sure anything shot in public space is fine to publish without permission.

Same is true in most other countries. The only exception is that if the photo is to be used for advertising purposes, then a release is necessary.
The reason is obvious, if you think about it. Linking a photo of a person to a product tends to rather "stretch" the "meaning" of the photo considerably.

skieur

 

[abraxas]

Except that the quality of info. you receive will depend on the "real lawyer". There is quite a range from top lawyers to total idiots. Do your own research before you go shopping for a lawyer.

I suggest getting an attorney to assist in selecting a lawyer.

 

[PaulBennett]

... As long as you aren't selling the image as a commercial picture, you have the right to sell any picture you take.

Care to rephrase? "If you aren't selling it, you have the right to sell it"

 

[skieur]

Originally Posted by RMThompson
... As long as you aren't selling the image as a commercial picture, you have the right to sell any picture you take.

Care to rephrase? "If you aren't selling it, you have the right to sell it" from Paul Bennett.

What he means is that you can sell a picture that you take in a public place, as long as it is NOT for advertising purposes.

skieur

 

[Valethar]

Follow up:

My promoter provided me with contact information for the artists that I have shot for him. So far - 2 management companies (with 5 different acts) have given permission to display photos. I consider that an accomplishment!!

Whenever possible, get that in writing. If there's ever an issue down the road, paper copies are acceptable to the courts, where 'he said I could' is not.