Poparotsy Photographers...

dpolston · Jan 1, 2008

Floating through the other threads sparked a question I have often wondered about. Does anyone know how the Poparotsy Photographers get around the model releases? I know that once you take a shot, it's yours (copyright ownership) but how can they sell them IF the subject (victim, used loosely) doesn't want to give up the release? I would think that most people wouldn't give their consent because it doesn't look like they want to be photographed in the first place.

Anybody know?

LaFoto · Jan 1, 2008

You mean "Paparazzi"???
Those who follow the stars around and try to get blurry pics from far away of stars in their everyday clothes?

As of a certain point in your life (on the way to becoming a "celebrity") you lose certain rights, like the right to your own image, you have become a "public person" and no longer need to give release. Your being "a personality in time" gives anyone the right to take (and publish) your photo at any time (this all applies to Germany, and here the personality rights are extremely strict, as is the "right to one's own image", so I think I applies to the States even more).

Sideburns · Jan 1, 2008

It's all of the pictures are used for editorial. You don't need a release for editorial work. It doesn't matter what they think. As long as the pictures were obtained legally, you can do what you want with them.

Joves · Jan 1, 2008

They get away with it because, their shots are taken in areas viewable from a common public area. They can sell the pics to whombever they want but, the pictures cannot be used for advertising. Even if people are in there own homes if you can see it from some place public then it is open game.

LaFoto · Jan 1, 2008

Which, I might add, does not apply to Germany and the average German person. Unless a person IS a "personality in history" (for whichever reason, the person need only be mayor of a town for a period of time, for example), you must not SHOW their photos without their consent. TAKE them, yes. But not show them. If our German law would be observed very, I mean: extremely strictly, you would not even be allowed to show your people pics to your better half (given you have one) or parents or children ... but who could control that? But actually you are NOT supposed to publish them in any way (such as on the internet!). Which is different from the States, I know.

And things DO change for anyone once they are either politicians (local, regional, provincial, national, international), or some noble families about whose life people might have a general interest and want to be informed, or a celebrity from theatre, film, TV, stage ....

AND you may take and SHOW photos of people when you photographed them at a public event of whichever kind, such as parades or so...

THis is why I said that in Germany the laws about people photography are stricter.