Can someone help me!

[newphotographer2]

Have been taking photos for about 6months to a year mostly birds and flowers etc. now i started taking photos in my town lots off people about if i take a picture and if someone walks by his/hers face is in veiw and gets snapped . If later on the person in the photo, can they ask me for the picture to be removed if on the internet or somewere else?


I am told if they are in a public place and I am also . they are fair game .

 

[JamesRPhoto]

I'm sorry, I don't know where Northampton is but I'm going to assume it's in the US. I'm in Canada, but to the best of my understanding the rule is if they're publicly visible within reason then the photo can be displayed without their permission, however if you're using it for commercial purposes then you still need a model release.

 

[gsgary]

I'm sorry, I don't know where Northampton is but I'm going to assume it's in the US. I'm in Canada, but to the best of my understanding the rule is if they're publicly visible within reason then the photo can be displayed without their permission, however if you're using it for commercial purposes then you still need a model release.

It's about 70 miles from me

Everyone is fair game

 

[JamesRPhoto]

Ah, I guess it does sound like a fairly british name now that I think about it

 

[gsgary]

Ah, I guess it does sound like a fairly british name now that I think about it

About center of England, i bet there is a Northampton in the US, there is a Chesterfield

 

[gsgary]

northampton usa - Google Maps

He could be American

 

[Hackett]

There is a Northampton, NJ, as well as Eastampton, Westampton, and Southampton. Not far from Lakehurst, NJ (Hindenburg's final landing place)

 

[Ballistics]

northampton usa - Google Maps

He could be American

I'm American and know of about 4 or 5 Northamptons. 1 in particular near my house on Long Island.

 

[DigitalDave]

Whereas it may be fair game to take a picture of a person in public and they can't legally do anything about it, unless they can prove they were doing something private, you cannot use it commercially without a release form (assuming their face is clear).

As to uploading it onto the internet, then that would depend on if it were a commercial website. Not one solitary ad on the page, and you have no worries, but ads on the page, and the subjective opinion that it was 'adding' to the overall commercial viability of the site could in theory, get you in trouble.

You can't legally use a persons image if you get paid for it directly or indirectly, despite the fact that you can see them all over the web anyway. The general public doesn't really have too much awareness of 'release forms', so usually nothing happens.

 

[Bukitimah]

This question has been discussed in many forum with no single answer. I guess if that person is so concerned, then best to delete it. You can always take another shot without him. Of course if he is among the crowd, there is no good reason why you should delete the photo. Otherwise, he should stay home to avoid being shot by a photographer.

 

[KmH]

Whereas it may be fair game to take a picture of a person in public and they can't legally do anything about it, unless they can prove they were doing something private, you cannot use it commercially without a release form (assuming their face is clear).

Their face doesn't even have to be in the photo, let alone clear.

ANY feature that makes the person recognizable qualifies, and it's the person in the photo that makes the first determination of recognizability.

A shot that shows a person's tatooed forearm, a scar, a custom made piece of clothing, etc.......

A Digital Photographer's Guide to Model Releases: Making the Best Business Decisions with Your Photos of People, Places and Things

 

[TCampbell]

The ultimate problem is this: If they decide to make a fuss and take you to court, you'd have to pay for legal representation. This might cost you anywhere from a few hundred to a few thousand. You may be right and they may be wrong. But if they press things, a lawyer won't take a case on "contingency" because there won't be a cash settlement in your favor for them to take a percentage. The settlement will be that you don't have to pay the plaintiff. But that means the lawyer won't work for free.

If a person really does NOT want to be in your photo, you may as well just delete it and move on.

There are lots of rules in different localities. In some places even if they ARE recognizable, you can actually use a photo if the reason they're the subject is because of what they are doing and not because of who they are then you don't technically "need" a model release. Most publications won't accept a photo without a release because they want to be covered "no matter what".

As per usual: I am not a lawyer and you should consult with someone who knows what they're talking about if you're really concerned.