Publishing Photographed Public

Discussion in 'Beyond the Basics' started by skunkboy, May 31, 2005.

  1. skunkboy

    skunkboy TPF Noob!

    Joined:
    May 26, 2005
    Messages:
    128
    Likes Received:
    0
    Here's a question on the three P's.

    As a photographer for an aggressive sports photography site, I recently had someone threaten a lawsuit and had some questions as to where it would stand.

    The site:
    Completely free.
    Photos taken a public skate parks and ski resorts.
    Nothing ever sold for profit at all - the site is just something for my freetime.

    The issue:
    Pictures were posted on my site.
    Pictures were then used on another site (a public forum site).
    Someone made comments so I registered there to defend myself and it was blown out of context into something big.

    Being a public place, not making money off of anything in any way, shape, or form, I should be safe in posting - correct?

    It was threatened in the end, by the owner of the forum, to file suit on behalf of those on my site for using their pictures. I have no issues back home but happened to relocate and ... wow... it's a different world here. Everybody on my site in the past has appreciated it. I've gotten endless comments from parents, relatives, etc. about how nice it is to see their son/daughter/niece/nephew/grandchild in sports that otherwise wouldn't be photographed.

    Being a public place, their names being said out in the open, there not being any entry fees as it's a completely open and free skate park.... I don't see where they would have a case. The ones in this particular situation aren't minors either. Other than the main rider in the middle who started the whole issue, everybody else locally wants me to put their photos back up. I've been told by my assistant webmaster that I should still be safe and she's been a published writer, is a very well known graphic artist, and highly respected local webdesigner.

    .....other views/ideas of the situation...?

    btw: I've never refused to remove anybody at their request but then again, it's never been asked. If they want removed, it'll be done immediately.
     
  2. Artemis

    Artemis Just Punked Himself

    Joined:
    May 16, 2004
    Messages:
    5,313
    Likes Received:
    43
    Location:
    England! w000t!
    Can others edit my Photos:
    Photos NOT OK to edit
    I think what you may need is a form...cant remember the name, but in the UK I believe you need a form, a model form, if the person is in 33.33% of the photo subject, or more, then you need one of these forms...still cant remember the name.

    So that means, twins still need this form signed, but 4 people dont, because the people are the subject, they are all less than 33% of the photo, this I believe is the law, but I could be wrong.

    Grr still cant remember the form...but it simply says can I take your photo.

    To be safe, take that photo down, and you may be ok, and simply next time ask the parents or the person *if they are 18 or over* so that you can take their picture....ohh yeh, if you cant tell who it is, its also ok...
     
  3. darin3200

    darin3200 TPF Noob!

    Joined:
    May 3, 2005
    Messages:
    2,078
    Likes Received:
    28
    Location:
    Des Moines, Iowa
    Isn't 'model consent' or 'model release' form?
     
  4. skunkboy

    skunkboy TPF Noob!

    Joined:
    May 26, 2005
    Messages:
    128
    Likes Received:
    0
    ...at the same time, it's comparable to going to a pro-sport game with a camera - there's nothing that has to be dealt with there. What's the diff... pro or am? shouldn't be.

    I guess it's just frustrating that I've never had problems and have been running my site since 1996 with now over 400 people featured on it.
     
  5. Christie Photo

    Christie Photo No longer a newbie, moving up!

    Joined:
    Jan 7, 2005
    Messages:
    7,006
    Likes Received:
    67
    Location:
    Kankakee, IL
    Are you posting photos you did not make? Do I understand correctly?

    From the time the shutter is tripped, the PHOTOGRAPHER owns ALL rights to the image unless under the employ or direction of someone else, the that person/company owns the image. It is not to be reproduced or distributed without written consent of the maker.
     
  6. skunkboy

    skunkboy TPF Noob!

    Joined:
    May 26, 2005
    Messages:
    128
    Likes Received:
    0
    I took the pictures. I was out in plain view - standing in the middle of all the ramps. The board that's threatening me is claiming that I can't post them because they're not myself. Because I never had the riders sign anything, the board (with no direct ties to this town even) insists that I can't post the photos. The riders didn't have any issues till I took the main person in question down and now it's just that one person who is mad at me but oh well. Even if the forum did want to pursue anything, they would need the support of the people they're actually doing this for and I doubt that would ever happen since they knew what I was doing with the photos taken.

    ...just a greedy (um, yeah... I'll keep it clean) if you ask me, someone out trying to be a hotshot and maybe make a buck or two but it seems to me that he'll be wasting more of his time and money if he were to pursue anything. I've got over 400 people in my site and have never had issues like this before but figured I would look into it since someone is trying to turn up the heat.
     
  7. Artemis

    Artemis Just Punked Himself

    Joined:
    May 16, 2004
    Messages:
    5,313
    Likes Received:
    43
    Location:
    England! w000t!
    Can others edit my Photos:
    Photos NOT OK to edit
    :hail:
     
  8. Artemis

    Artemis Just Punked Himself

    Joined:
    May 16, 2004
    Messages:
    5,313
    Likes Received:
    43
    Location:
    England! w000t!
    Can others edit my Photos:
    Photos NOT OK to edit
    I still think you need a model release of people, even if its a public place and your in plain view...I believe thats the law...
     
  9. Jovian

    Jovian TPF Noob!

    Joined:
    Oct 11, 2003
    Messages:
    192
    Likes Received:
    1
    Location:
    Cincinnati, Oh.
    Can others edit my Photos:
    Photos NOT OK to edit
    you need a model release if you're making money off it, or if someone else is making money off of it. If it's "editorial" than no release is needed, hence newspapers...
     
  10. mentos_007

    mentos_007 The Freshmaker!

    Joined:
    Jun 29, 2004
    Messages:
    9,325
    Likes Received:
    102
    Location:
    Poland, Sz-n
    Can others edit my Photos:
    Photos OK to edit
    Skunkboy, where are you located? Because from your "Location" I cannot read a lot... There is a different law all over the world about publishing pictures. I think you are in US am I right?
     
  11. skunkboy

    skunkboy TPF Noob!

    Joined:
    May 26, 2005
    Messages:
    128
    Likes Received:
    0
    Yes - I split between Minnesota and Michigan. The person giving me the hard time, according to what I've gathered, is either in New Jersey or California... not in either state in question.
     
  12. Lensmeister

    Lensmeister TPF Noob!

    Joined:
    May 1, 2005
    Messages:
    1,488
    Likes Received:
    14
    Location:
    This blessed plot, this earth, this realm, this EN
    Can others edit my Photos:
    Photos NOT OK to edit
    If this was the case then whilst at a major sporting event like the FA Cup final the newspapers would need 70,000 forms ?

    If one persons refused then the pictures wouldn't be able to be published ?

    There is another post on these forums about the copyright issue or I have a copy of A PDF about photographers right in the UK.

    I think Model release forms are not needed if used in a public place.

    Is there anywhere in the USA that can give free legal advice .....
     

Share This Page

Search tags for this page
ohio photography publishing laws
,

photo publishing laws

,
photograph publishing law
,
publishing pictures taken in public