I'm slightly confused about this...

Discussion in 'Industry News' started by NGH, May 21, 2020.

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  1. compur

    compur Been spending a lot of time on here!

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    In the USA, for the most part, photos of persons taken in public places do not require a release unless the images are used in advertising to sell a product or service.

    "...a model release is only required if the way the photo is published makes it seem that the person in the photo endorses the product, service, or organization. A model release would almost always be required if the use is for advertising. A model release is not needed for publishing the photo as news, or for artistic or editorial expression."



     
  2. NGH

    NGH No longer a newbie, moving up!

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    Good point, I hadn't really thought about it like that
     
  3. kdsmithjr

    kdsmithjr TPF Noob!

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    This is an age old question and legal libraries are full of rulings in the issue of how much privacy does one have and when are lines crossed? What seems clear yesterday might be muddied by a new ruling next week. Here goes....
    Generally, if you are in a public place, you are free to shoot any thing....or anyone there. And if you keep the shot either on your camera, or in your desk drawer at home, you shouldn't run into an issue. However, a big however, is what you 'use' the shot for--or even intend to use the shot for. Sticking the shot in your desk drawer at home or on the camera memory isnt really a use; all you really have done is preserve a moment in a private place. Particularly on digital...can you say you have recorded something; and arent' there laws about recording. Yes, there are...but most of those laws cover the use of the recording....not the recording itself...at long as there was no prohibition on recording something digitally,
    Concern about whether or not you can take a photo generally boils down to your use of the photo and there are minefields of rulings on that...use. Generally, if you are paid or benefit in any way from a photo you took, any recognizable person in the shot gains some rights that could trample your right to benefit from what you shot. Unless something has 'news value'..and such value is debatable...plan on having a 'model release'..written permission from every recognizable person in your shot. Even friends and relatives? yes--UNLESS you receive no compensation whatsoever. Even your name below the shot can be considered something of value. Is there an airtight solution? Maybe. it involves...NO copies of your work to anyone....period UNLESS you asked for permission to shoot what you did. If you showed them what you shot on you camera monitor and they seem to like it. offer to send them an email copy. That establishes that you gave them some compensation in returrn for them giving you permission to shoot. But even that isn't airtight so, proceed with caution.
     
    Last edited: May 24, 2020
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  4. johngpt

    johngpt Been spending a lot of time on here!

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    If I read the McDonalds/Getty story correctly, Getty decided after some years of sales to no longer offer the woman's photo for sale. There hadn't been any legal determination against Getty. It seems Getty decided to pull it as a sign of 'goodwill.'
    Being the cynic, I'd say Getty was probably noticing diminishing sales and figured it could get a bit of good PR from pulling the image.
     

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