Permission

[gundy74]

Is it necessary to ask a subject's permission when taking a photo to make a profit. it seems logical but then I think about the papparrazi. are there any laws governing this subject?

 

[ANDS!]

Depends on where the picture is being taken.

 

[RMThompson]

Technically speaking, anyone who is in a PUBLIC place, (not a private establishement like a resteraunt), is subject to be photographed at your discretion. I know this because I called the Police after a very suspicious guy was taking pics of girls trick or treating when they came to his house... nothing we can do.

However if you sell the picture, and it can be tied to that person's LIKENESS, then YES they have a right to the picture. For instance if you were doing a photoshoot on legs, and were taking random shots of legs, and sold them in a gallery there is nothing anyone could do unless it could be determined that the person could be distinguished merely by their legs. (a tattoo perhaps)... but if you took a picture of a really pretty girl and sold her face as the model for a new perfume... she could sue.

 

[Big Mike]

There is also the issue of 'fair use'...which means that you can take a picture in public to use for news reporting and stuff like that. That is different than using a photo in advertising, for example.

To get the best answer...contact a lawyer in your area. Or at least someone who would know...a newspaper or pro photographer etc.

 

[ANDS!]

http://www.usatoday.com/tech/columnist/andrewkantor/2005-12-29-camera-laws_x.htm

There it really gets into the general nuts and bolts:

For your personal use - the sky is the limit.

For publication - it depends on its use. If you are specifically using that persons likeness to generate your business, then its probably a no-no. Selling the photo for use in a magazine or newspaper - fair game.

Theres a ton of information in that link (and further links to Photographers Rights and the like). Should be required reading really.

 

[gundy74]

I plan on photographing students at my school abd enter the photo in a contest. Asking permission wouldnt be a problem but i want the shot to be a group therefore making asking several people (some of whom I wont know) a big hassle.

Contest winners do get a cash prize if that makes a difference.

 

[markc]

I lot of contests require you to give them at least some rights to use the image. You may not have those rights to pass on without a release. I think you'd be best off to check with someone local (at least to your state) who really is in the position to know. There are way too many opinions on this out there to trust it to the Internet.

 

[ANDS!]

He should be fine. It doesnt sound like the purpose of the photo is to generate cash flow, and at best the photo is going to be used for promotional purposes.

 

[JIP]

I think generally when you talk about the "paparazzi" the images they use are of public figures and as far as I know they are fair game for photographers publishing their images.

 

[ironsidephoto]

when in doubt, get their information. best advice i have.

http://ironsidephotography.com

 

[Groupcaptainbonzo]

USA is probably different, and to be honest I would check first.. But here in the U.K. if you can photograph it from public property ... You can... Although here there is a worrying trend. In order to clear up what might eventually become a grey area if it were to be published, People started to get "Model release forms" signed. A). Good , no quible... B). Bad, it becomes custom and practise and therefore becomes law through the back door. And of course some areas such as young children are extremely sensitive.

 

[fmw]

I remember a case about a dozen years ago. A commercial shooter photographed a young girl riding on a carousel at an amusement park. Theoretically, it was a public place so the photographer didn't need a release. The image was used in a magazine ad. The girl's parents sued and won. I can't recall whether this issue was that the subject was a minor or what the issue was but it had photogs talking about it for a long time. Basically, there is no substitute for a release.

But use common sense. Here's an image I shot many years ago in Japan. The subject is really the neon signs. There are people in the frame and, even though they are recognizable, they are out of focus and incidental to the subject and they aren't compromised in any way from being included in the shot. They are just going about their business. This shot had no release and was published in a magazine. The magazine didn't give it a second thought.

Common sense should prevail. The girl on the carousel was the subject and her image was being used to advertise a product. The street scene in Japan has people in it that are incidental to the shot.

 

[RMThompson]

Difference between the above two examples are clear.

It boils down to the likeness, while in the photo on the street you can clearly make people out, and thier likeness, the photo is not using their likeness to sell anything!

While in the magazine with the girl on it, I am assuming the girl seemed to be the main focus! Perhaps she was really happy, and the look on her face helped sell whatever product they were selling.

Also remember your audience. The girl's parents obviously saw the magazine, wheras, unless it was a Japanese magazine, the above persons probably never saw the picture they were in!

Furthermore nothing about the Japanese people is striking or makes them stand out. For instance, if there was a REALLY tall black man walking around naked, and you took that shot, the subject would change, and that really tall naked black guy could probably sue!

Ok that example is a little extreme... ha ha

 

[cosmonaut]

I know you can't take concert pictures and sell them. I was also in Daytona Florida many years ago when Bill Elliott was still in his prime and local stores were selling pictures of him and his car and he was running around treatening to sue everyone in site. I do understand Bill's point. Everyone trying to make a profit off of his likeness....
Cosmo

 

[uberben]

if you are concerned, just search some photo sites and find a generic Model release form. Edit it as your own and then bring them with. I always have model releases when i'm out shooting stuff. I have found that people are usually pretty happy about having there photo taken and if its an issue, I give them a copy of the photo for their personal use. Better safe then sorry.