Legal advice.

Discussion in 'Photography Beginners' Forum' started by cailinp, Jun 23, 2010.

  1. cailinp

    cailinp TPF Noob!

    Joined:
    May 10, 2010
    Messages:
    131
    Likes Received:
    0
    Location:
    Germany
    Can others edit my Photos:
    Photos OK to edit
    Over the weekend I went on a Bar sponsered boat cruise here. The bar had a photographer there taking photos like usual clubs do. I also had my camera and was having fun taking photos of my friends and other patrons. I chatted with the pro. photog for awhile but nothing was said about my photo taking. After looking at some of the photos and falling in love with many of the candid shots I am wondering if I can put them on my blog or flickr without any consent. What do you suggest I do?
     
  2. vtf

    vtf No longer a newbie, moving up!

    Joined:
    Apr 1, 2010
    Messages:
    2,126
    Likes Received:
    242
    Location:
    kansas city
    Can others edit my Photos:
    Photos OK to edit
    IMO Ask the bar if ok, if they say no then seek a lawyer for clarification.
     
  3. KmH

    KmH Helping photographers learn to fish Supporting Member

    Joined:
    Apr 9, 2009
    Messages:
    38,249
    Likes Received:
    5,009
    Location:
    Iowa
    Can others edit my Photos:
    Photos OK to edit
    A model release is not needed to post images of people on a personal web site.

    People cannot have a reasonable expectation of privacy when out in public (boat cruise).

    If you were to post those images as a means of self promotion, you probably wouldn't need a model release either, because the photos were not made in a controlled way and it's not likely the people could be perceived as advocates or sponsors.

    As always the reminder, online forums are not a good place to seek legal advice.
     
  4. ababysean

    ababysean TPF Noob!

    Joined:
    Apr 29, 2010
    Messages:
    1,965
    Likes Received:
    103
    Location:
    Pensacola, FL
    Can others edit my Photos:
    Photos OK to edit
    why not? did other people have cameras? I'm sure they are putting them on facebook as we speak.
     
  5. cailinp

    cailinp TPF Noob!

    Joined:
    May 10, 2010
    Messages:
    131
    Likes Received:
    0
    Location:
    Germany
    Can others edit my Photos:
    Photos OK to edit
    All good points.

    Keith, I know. I wouldn't take anything legal as concrete on here. Was more looking for a...what would you do type of answer.
     
  6. KmH

    KmH Helping photographers learn to fish Supporting Member

    Joined:
    Apr 9, 2009
    Messages:
    38,249
    Likes Received:
    5,009
    Location:
    Iowa
    Can others edit my Photos:
    Photos OK to edit
    A bar is private property and the owner can prohibit photography if they choose to, but as long as the bar is open for business, the people in it are in public, and cannot have a reasonable expectation of pivacy.
     
  7. Aayria

    Aayria TPF Noob!

    Joined:
    Mar 12, 2010
    Messages:
    787
    Likes Received:
    40
    Location:
    U.S.
    Can others edit my Photos:
    Photos NOT OK to edit
    I think a "reasonable expectation of privacy" is a myth. My home is "private property" but with four children and a husband around, none of have a reasonable expectation of privacy here, either! :lol:
     
  8. vtf

    vtf No longer a newbie, moving up!

    Joined:
    Apr 1, 2010
    Messages:
    2,126
    Likes Received:
    242
    Location:
    kansas city
    Can others edit my Photos:
    Photos OK to edit
    I think in the time this post has been going on you could've called the bar and ran it past them if theyre open. I just realized you're in Germany and US laws/culture may not apply.
     
  9. ifi

    ifi TPF Noob!

    Joined:
    May 25, 2010
    Messages:
    604
    Likes Received:
    0
    Location:
    USA
    Can others edit my Photos:
    Photos OK to edit
    :biglaugh:
     
  10. KmH

    KmH Helping photographers learn to fish Supporting Member

    Joined:
    Apr 9, 2009
    Messages:
    38,249
    Likes Received:
    5,009
    Location:
    Iowa
    Can others edit my Photos:
    Photos OK to edit
    Good and very valid point, and I should have checked for that. Doh!
     
  11. KmH

    KmH Helping photographers learn to fish Supporting Member

    Joined:
    Apr 9, 2009
    Messages:
    38,249
    Likes Received:
    5,009
    Location:
    Iowa
    Can others edit my Photos:
    Photos OK to edit
    You can sell them to whoever you want and you don't need permission from any of the people in the photos, as long as you sell them in small quantities. There is a point where selling a popular photo become distribution, which will kick-in the need for model release.

    Where it gets sticky is when someone (or a business, like the bar owner for instance) buys one of those photos and wants to use it in an advertisement. At that point the entity that bought the image from you, would need the permission of any people in the photo for that use.

    Advertising agencies know they need model releases, and usually expect the photographer to get releases signed at the time they make the photo(s). The local bar owner may not know that.

    The key is how an image will be used and the circumstances under which the image was made.


    Another key concept is that a model release protects two entities:
    1. the model and or recognizable people in an image.
    2. the publisher of that image.
    The photographer is usually NOT the publisher of the image.

    Model release law is not real cut and dried. It varies from state to state. States that have big entertainment and publishing industries, like New York and California, have much more complex model release statutes than states that don't.

    So, you have to find out what is what wherever it is you are making the images.
     
  12. Village Idiot

    Village Idiot No longer a newbie, moving up!

    Joined:
    Mar 20, 2008
    Messages:
    7,274
    Likes Received:
    406
    Location:
    Shepherdsturd, WV / Almost, MD
    Can others edit my Photos:
    Photos NOT OK to edit
    Holy ****! I can barely put up with two roommates that act like children. You're one of my many new heroes.
     

Share This Page