photos of random persons

coolmax999 · Dec 25, 2005

I am looking to create a photo book of people who are dining in restaurants, partying nightclubs, lounges etc..
what are the laws regarding this and how to know what are my limitations with regards to selling these snapshots afterwards either individually or as a commerical publishing?

thanx

Dave_D · Dec 25, 2005

Here is a good place to start. You can dl a copy. I have one in each camera bag.
http://www.krages.com/phoright.htm

afghanjohn · Dec 25, 2005

You will need a signed model release from each person you take a picture of if you want to use it for commercial purposes. Additionally, you will need permission of the owner of the establishment. And any object that might be in the background, a logo for example, couldn't be used commercially.

Educational, news, and documentary uses (to name a few examples) would probably fall under the law as "fair use". There is a market for this type of photography, as you can see on my web site.

Rob · Dec 26, 2005

The laws are utterly dependent on where you are in the world.

If there are many people in a shot, it's very unlikely you will need a model release for anyone involved. Not obtaining permission from private property prior to shooting is a no no, but not necessarily a barrier to selling a shot if it's not possible to identify the place specifically (how could they prove it?).

As John says, logos are a bad area to include as they are definitely copywritten property and using them is generally interpreted as using a brand.

ort · Dec 26, 2005

Is the book educational or news, current events, trends or fads? I wouldn't try it

but if the book can be squeezed into this area then you might get by w/o a release. Are you self publishing? If not ask the editor. Sounds like your shooting candids. Pop enough frames and everyone will be looking away in some of these. Paint out the logos in PS.

Get the shot, see what releases you can get. Offer a print and have a good card and most will say OK.

coolmax999 · Dec 28, 2005

ort said:
Is the book educational or news, current events, trends or fads? I wouldn't try it but if the book can be squeezed into this area then you might get by w/o a release. Are you self publishing? If not ask the editor. Sounds like your shooting candids. Pop enough frames and everyone will be looking away in some of these. Paint out the logos in PS.

Get the shot, see what releases you can get. Offer a print and have a good card and most will say OK.

So if the person is turned away is it more 'ok'?

Imagine standing in front of an outside cafe/restaurant with your cam aimed at patrons eating inside. Now imagine that you want to create a 100 photo collection of snaps of peoples facial expressions and gestures while drinking/taking a bite of something that tastes 'AMAZING' or 'DISGUSTING'. Just that one look that says alot and thats what i want to catch on cam...
I would then be looking to self publish this work. Color or BW..
I would not want logos (as you guys well said) or anything more then bland inactive background..
Could your shot

Azuth · Dec 28, 2005

Seems to me that you'd be more likely to snap a picture of them wondering who on earth is taking a photo of them whilst they enjoy their meal. I would imagine that quite quickly you'd have someone coming to ask you what you're about.

If you seriously wanted to make a series then perhaps you could talk to the owner of a small suitable restaurant about what you're wanting to do and why it's in his interest to let you (is it?). Perhaps you could arrange for people you know to eat there whilst you take their pics (then you're bringing him business). This would work best on a night that is quiet for them.

I doubt you could be prosecuted for standing in a public place, taking a picture of a scene that anyone could see as they strolled by, and I would not expect you'd need a release. However there is the question of is the pavement immediately outside the restaurant public or private?

Perhaps more importantly will you get the shot you want if you're trying to do it in a rush / on the sly / without their knowledge?

zedin · Dec 28, 2005

It depends on the book. If it is just an art book you shouldn't need anything since you are not saying the folks in the picture believe or endorse something. If its just 'art' then you shouldn't need a model release (not that it ever hurts to get one). Its only when you might use the image to sell something or associate it with a product/idea/belief that you need to first have a model release (if I completely understand it).