Not sure if this pic required a release..

Discussion in 'People Photography' started by ella5471, Aug 25, 2015.

  1. ella5471

    ella5471 TPF Noob!

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    Ok, so I took this pic a while ago on a public beach, we were all about to leave so I decided to get one last shot. And it was one of the best pics of the day. The problem is someone happened to be sitting in the lower right that I did not know; and they even make the pic better. I would crop them out to negate this being an issue, but if I do that the framing will be practically ruined. So, I want to know if I even need to be worrying about this at all. As it was in a public place. Btw I'm new to this I'm sure its obvious to some.

    Thanks, Ella.


     

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  2. tirediron

    tirediron Watch the Birdy! Staff Member Supporting Member

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    Without knowing where in the world you are, no one can say for sure, but if you're in Canada or the US, then almost certainly not unless you're considering this for commercial use. What the image does need however is to be levelled; the ocean is running out of the LH side and all over my desk! ;)
     
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  3. ella5471

    ella5471 TPF Noob!

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    Alright thanks (and yes the US) And yea I know I'm actually getting some practice with photoshop at the moment for just that sort of thing. XD
     
  4. Granddad

    Granddad Been spending a lot of time on here!

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    If the person is recognisable you need a release if you are going to sell the photo for commercial use. I don't think this person is.
    Check out this page (a stock photo website) Property And Model Releases Explained | Alamy then Google the subject for more info. :)
     
  5. vintagesnaps

    vintagesnaps Been spending a lot of time on here!

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    Depends on how you intend to use the photo.

    A release is usually needed for commercial use (advertising etc.) and retail use (selling merchandise with the image on it). It's not usually needed to sell it as a fine art print. It's not usually required for editorial use (newspaper etc.) but might be requested in some cases (such as if the media outlet has not worked with the photographer before).

    Alamy is out of the UK, although they have a US office; their information seems to be what they do on their site but not necessarily what is done otherwise in the US so that info. in the link above may not apply to your situation. Try looking at American Society of Media Photographers or PPA or other professional photographers organizations for guidelines. ASMP has a pocket release to carry with you and an app.

    Usually the guideline is if the person (or property) is recognizable. To me if I knew this person and saw the picture, I think I'd know who it is. If you live in the area and use it locally I suppose someone could see it and recognize the person.

    In the future, if you think you may use a photo other than personal use you might need to think about getting a release signed at the time. Or move around a little and change your vantage point and keep the person/people out of the pictures if you're photographing landscape or scenery. This may or may not be a public place; if it's in a park for example it could be under policies of the park district regarding camera use, etc. and you might need to look at the website for the park.
     
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  6. Granddad

    Granddad Been spending a lot of time on here!

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    Excellent points Vintage. Just a couple of additions and replies:
     

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