Okay, I'm gunna sound pretty dumb...

[Vtec44]

If you want to know for sure, it's probably best to consult an attorney and not listen to people on an online forum, me included.

 

[Gary A.]

I'd ask NPPA.

I'd look online for answers from attorneys in the field. Like her:
Photo Attorney PhotoAttorney Twitter

Gary

James beat me by a few minutes.

 

[vintagesnaps]

Sounds like you're going to need to start getting releases signed. The reason photographers do is because of not always being able to anticipate how a photo may be used in the future - commercial, retail, editorial.

Even for editorial use (newspaper/news outlet, magazine) usually releases aren't needed for news, but - a reputable publication may ask for a release, for example if the photos are from a photographer they haven't worked with before.

Find some resources for pro photographers, try PPA or American Society of Media Photographers or look at the Photo District News Photo Magazine Professional Photography Industry News and Resources . Except for selling an art print intended for the buyer's personal use it seems likely that you may need releases.

Especially if you're posting your photos online, for me it would not be as much of a concern to email an image or show a print, I've done submissions to exhibits. But what if you show a photo and a client wants to license it and you don't have a release? they may not be able to use your photo for their intended purpose.

So unless you get releases signed I probably wouldn't use the street photography on your site (maybe use those for art submissions). Why show prospective clients photos that you don't have the necessary releases to be able to license? so what if you can take good street photos?? If clients can't use what they see on your site I think they might feel like they're just wasting their time. (Based on my experience, usually you need to follow their procedures specifically or they won't even consider your work.)

 

[KmH]

I included a link to the source of my information - Dan Heller's book about model/property releases.

 

[W.Y.Photo]

Sounds like you're going to need to start getting releases signed. The reason photographers do is because of not always being able to anticipate how a photo may be used in the future - commercial, retail, editorial.

Even for editorial use (newspaper/news outlet, magazine) usually releases aren't needed for news, but - a reputable publication may ask for a release, for example if the photos are from a photographer they haven't worked with before.

Find some resources for pro photographers, try PPA or American Society of Media Photographers or look at the Photo District News Photo Magazine Professional Photography Industry News and Resources . Except for selling an art print intended for the buyer's personal use it seems likely that you may need releases.

Especially if you're posting your photos online, for me it would not be as much of a concern to email an image or show a print, I've done submissions to exhibits. But what if you show a photo and a client wants to license it and you don't have a release? they may not be able to use your photo for their intended purpose.

I do get model releases for my commercial work. But I do not carry around 1000's of model releases and force people on the street who already scowl at me for taking their picture to sign them. I'm not trying to sell these images to anyone. I'm trying to find out if they are okay to present on my site so that my contacts in the art world can view my work on the same page my contacts in the business world do.

So unless you get releases signed I probably wouldn't use the street photography on your site (maybe use those for art submissions). Why show prospective clients photos that you don't have the necessary releases to be able to license? so what if you can take good street photos?? If clients can't use what they see on your site I think they might feel like they're just wasting their time. (Based on my experience, usually you need to follow their procedures specifically or they won't even consider your work.)

Thanks for your advice!! I answered your questions here:

Well.. I'm hoping that it would and worried that It will not..

I'd really like to show my work on my website, but some of it contains images of people who I do not know and never will. I do not intend for this work to be used as an "advertisement" but it can be construed as such since I send potential clients there to view my work.. So I make my intentions clear with categories and I'm not sure that's enough to keep me safe from a lawsuit over someones image.

This is especially a dilemma because I really want to start showing my work in art galleries and exhibitions; If I cant publicize some of my art through my website than it could hurt me in a lot of ways.

I really don't want to have to make two websites and promote both of them when I can easily hand out the same business card to art dealers and those in need of portraits or band photos alike.. so that's why I'm trying to figure this out. I need a way to keep my artwork which is completely editorial from being considered (by the law) as being used promotionally for the commercial work that I do. And I need to do it all on one website.

I'll bring up this matter with an attorney as soon as I get a chance, suggestions are still helpful though.

 

[Braineack]

I need a way to keep my artwork which is completely editorial from being considered (by the law) as being used promotionally for the commercial work that I do.

it probably starts with understanding the differences yourself.

 

[W.Y.Photo]

I've read quite a bit on the topic. I'll look into more website specific stuff though. Maybe that will help.

 

[vintagesnaps]

There's an app so you don't have to carry anything around, or there's a pocket release (and how many do you need to have with you on any given day?). Part of photography sometimes is interacting with people you encounter. (If someone's glaring at you maybe they're trying to tell you something, like go find another subject...).

But if what you intend to do with the street photos is use them for art prints where you may not need a release, it doesn't seem like they may need to be on your website. Who's going to buy an art print off your site? That might be accomplished more thru art fairs and shows and exhibits etc. (like Photoville in NYC). You could start looking for a Call to Artists compatible with your style and doing a submission.

Or use a select few street shots on your site, ones in which the subject is not recognizable. That seems to be a determining factor in whether or not a release is needed.