Do I need permission to post pictures of people I have photographed on my website?

Ok so first thank you to all who have contributed to this string. After reading all of your stuff and speaking to a few photographers I have encountered in the last month here is what I have come up with, and what I plan on doing...
My website has lots of pictures of people I have taken for free or gotten paid for over the last 10 years. I have actually, just by chance, talked to a few of them and they are thrilled to be on my site. As I circulate my site to the meeting planners I work for I will just be aware that I am most likely legally totally in the clear. However, if anybody says I don't want my picture on your site I will simply apologize and remove that picture from the site. Now the meeting planner says, “You took that picture while working for us and we don’t want our attendee’s face on your site”, I will say since it doesn’t mention your company name anywhere on the picture I think I am legally able to use it and I don't think they would mind. But if you feel the need to contact them feel free and if they want me to take their picture down I would be happy to do that.
Now I guess I have one more question. One of the pictures actually is of backs of heads but clearly says Mitsubishi in it. I would think Mitsubishi would be thrilled but the meeting planner that hired me could just be persnickety. I will say that I still think I am legally ok and will just ask if we could contact the client directly and allow me to ask them permission. Honestly I just have one meeting planner that for some reason just likes to be difficult and they are who I am worried about. I’m sure you all know people like that! (Sorry for the long post…)
How does that sound??? Anybody?
 
There are two issues you need to work with here. First is the Model Release and second would be Property Release. For the Model Release I would like to reference Photography People by Roderick Macmillan:

""In most countries, people may be photographed in public places and the images published without obtaining consent. However, if the cooperation of the subjects was obtained, the photographs were shot in a private place, or the images are to be used commercially...it is only reasonable to seek permission before proceeding."

For Property Release I would like to reference The Basic Book Of Photography by Tom Grimm and Michele Grimm.

"Advertisers may also require PROPERTY RELEASES if a building or other identifiable property is prominent in the picture."

Look, if it is a private function get a release. If you are in a park and snapping away without the cooperation of the subject and no private property is in place, you are fine.

The two books I referenced are good, but do not directly deal with legalities so I also recommend getting a book like Wedding And Portrait Photographers' Legal Handbook by Norman Phillips and Christopher S. Nudo, Esq. This book is written for the laws of Illinois, however it is very detailed and provides great legal advice for only $30.

Hope this helps.

-Nick
 
Short answer, if its taken out in public and using it for portfolio, photojournalism, etc you don't need a release.

As soon as you try to make money off of it by selling it, using it in advertising, etc then you do need a release.
 
If children are in the photos then ASK.
 
If children are in the photos then ASK.

In that case...yes, for the love of god, just ask. Don't get tied up in that mess! I've been there before when shooting a fair.
 
Short answer, if its taken out in public and using it for portfolio, photojournalism, etc you don't need a release.

As soon as you try to make money off of it by selling it, using it in advertising, etc then you do need a release.

I just wanted to clear that up, you can make all the money in the world on it without a release and keep all the money. As long as your in pursuit of art. When it's advertising for a product or trade(craft) then you must have the release

Street photography as well as studio photography can be art, now if you want to sell images of a client that paid you for the shots then you better get the release, other then that shoot away, publish books, sell prints in galleries etc ..

Also, your portfolio is advertising your professional services so I would get the release to be on the safe side if it's people. And photojournalism doesn't work if you signed a no-compete clause with your news agency, all pictures you shoot while working are their property not yours.

The part I don't know about yet is if your a real estate photographer and you also want to sell pictures of houses as art could you advertise on the same website without getting a property release? Tricky- but I'm guessing 2 websites would be enough to seperate it.
 
See now I'm confused. I didnt think you could sell prints of it, artistic or not, without a release. Personally if there was a photo of me floating around that someone was selling without my permission I'd be a bit pissed, but that's just me. From what you're saying, I can't do anything about it? That doesn't sound right.

We need a lawyer's opinion! I know one, I'll ask him when I see him.
 
See now I'm confused. I didnt think you could sell prints of it, artistic or not, without a release. Personally if there was a photo of me floating around that someone was selling without my permission I'd be a bit pissed, but that's just me. From what you're saying, I can't do anything about it? That doesn't sound right.
We need a lawyer's opinion! I know one, I'll ask him when I see him.


I don't know the scope of your website? Are you promoting your services as a portrait photographer? In that case they could pressure you to take their pictures down. If your just promoting your version of art street photography there's absolutely nothing that can be done.

Google emo nussenzweig , he tried to sue Philip lorcia dicorcia over some street photographs they sold at gallery for 150,000.00 and were also published I'm a book.
Supreme court threw out the case
 
I dont have a website yet, but do have a deviantART page up. I was going to try to sell photos from it and eventually make a site of my own to showcase my work. Everything will be from an art standpoint, not advertising or promotion.

I also know of a site called Blurb where you can make your own professional quality photo books and have them printed. They make great coffee table books and others can even buy your books as well.

Those were my ideas, would any of this be a problem as long as it was for the sake of art?
 
As long as you didn't have a no compete clause , and didn't get paid by anyone in the photos you should be fine.

If you know a lawyer ask em to be sure.
 
Thanks for the reply. I will.
 
Hi there...

Looks of it this section of the forum is quite old, but I'll give it a go.

Photography is simply a hobby for me at this time.... there is always that possibility of one day having a business doing photography but in the mean time I only shoot for fun. Once in a while I do small events and take family portraits for friends etc. As always I don't ask for money, the trade off is that I get the experience and they get free pictures. The other catch is, a lot of my stuff end up on a photo sharing site called "flickr" simply for artistic purposes and getting other amateur and professional photographers to critique my work. No intentions of selling or publishing etc. Well, here is my BIG issue that I am currently facing....several months back I approached my boss at work and spoke to her about offering my photographic services for our yearly office/awards dinner because the photographer who they normally use who is their friend and my friend, fell ill....right there and then NO contract of any kind was signed or to get paid...I did it for completely free. After the awards dinner, the following day I gave all the images to my "employer" on CD and I kept most of it for myself and some of them landed up on my "flickr" page...my boss soon found out about this and was furious and sent me home, suspension....I may lose my job over this....can anyone help me, what are my rights?
 
You really should have started a new thread.

Getting paid or not paid has nothing to do with it.

Not having an agreement in writing is a mistake many amateur shooters make when they start taking photos for their employer (or anyone else for that matter) - gratis.

It sounds like your job description says nothing about doing photography for the company. If so, then shooting the awards dinner would not be considered 'work for hire', which means you have sole ownership of copyright to all the photos. No one attending the awards dinner could have had a reasonable expectation of privacy. You would only need properly executed model releases if you were putting the photos on Flickr to promote yourself as a photographer, however I am not all that familiar with Califiornia's statutes regarding 'right of publicity'.

You do not mention the venue for the awards dinner. Was it on company property, or elsewhere?

The bottom line is, your employer can likely fire you for any reason. Only a qualified attorney can advise you regargarding California employment law and the specifics of copyright and photo usage..
 
You really should have started a new thread.

Getting paid or not paid has nothing to do with it.

Not having an agreement in writing is a mistake many amateur shooters make when they start taking photos for their employer (or anyone else for that matter) - gratis.

It sounds like your job description says nothing about doing photography for the company. If so, then shooting the awards dinner would not be considered 'work for hire', which means you have sole ownership of copyright to all the photos. No one attending the awards dinner could have had a reasonable expectation of privacy. You would only need properly executed model releases if you were putting the photos on Flickr to promote yourself as a photographer, however I am not all that familiar with Califiornia's statutes regarding 'right of publicity'.

You do not mention the venue for the awards dinner. Was it on company property, or elsewhere?

The bottom line is, your employer can likely fire you for any reason. Only a qualified attorney can advise you regargarding California employment law and the specifics of copyright and photo usage..

Firstly, thank you for replying to my post....

NO, I was NOT hired as their photographer...I was hired to do clerical work.

The awards dinner was organized through my employer held at a "private" golf club....

And sorry, I should mention I'm new to this forum....I should have started a new thread....
 
Thanks so much for the information
I really appreciate you finding it and sharing
 
Last edited by a moderator:

Most reactions

New Topics

Back
Top