A question about consent releases.

Mikhal

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I hope this is in the right area.

I am curious if one were to take candid pictures in a public area if they would need a a consent release form from people in the picture if it was not going to be sold or used for business purposes? If posted online?
 
In the U.S., people who are in public cannot assume they have privacy, and are therefore "fair game" for random photography. If you follow those guidelines (and if you are in the U.S.) then you won't need a model release. Unless you plan to make money off the images.
 
In Germany, and I've been told Germany and the USA are pretty much the same in respect to laws on how you can use photography, you can only create art this way. Specifically you only have §5 of the constitution ("Grundgesetz") to rely on, not §24 of the art law ("Kunstgesetz"). I dont know the § for the USA.

So no commercial uses, for example in advertisement. For those you need model releases.

You CAN make money off those images, though, but only as an art installation. So street photography for example is protected.
 

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