Question about Legality?

[sillyphaunt]

Kind of on the same vein as the Distrust thread.. I was wondering if you take pictures of someone without their knowledge, are you obligated to get permission of them to use the photo (publish it on the web, sell it, etc.).. Personally I think it is only courteous to do so, but was wondering about the legal side of it. I have a couple shots that are really interesting, but I hesitate to post them because I wonder if the person would want me to.

Do you ask permission before you shoot someone? Or just children?

 

[Corry]

If you are going to make money off of the shot, yes, you need a model release. Other than that, I'm not completely sure. I'm sure others will pop in soon and tell you whats up!

 

[sillyphaunt]

ahh good to know. Although I am FAR from selling anything yet LoL

Your avatar scares me.. She looks like she's goign to eat me!!

 

[Gandalf]

It all depends on who the subject is, where you are, where the subject is, how you use the picture, etc..

Too many variables to give a simple 'yes' or 'no' answer.

 

[6Speed]

That's correct. I took a media law class last semester and that is what I was taught.

 

[sillyphaunt]

Oh cool. Good to know! Thanks

 

[ZacKrohn]

You do NOT need a model release if they are in a public place and you dont use it for advertsing something.

This is what I have been told to...as long as your not on private properity or shooting kids its legit...I did have a run in of sorts with some kids parents...aprarenly now all parents tell their kids to run away if someone is taking a picture (never was told that one). But the parents were realy nice about it...they figured we were just doing a homework assignment for school (which we were) and not creepy pedos.

 

[GerryDavid]

Also I think you need a model release if you can tell who it is in the picture. If its from the back, and you cant tell who it is, I dont think you need to worry about it. But if you think they can be identified, better safe than sorry.

Also this all changes state to state, country to country.

 

[mattvillano]

this is probably a stupid and obvious question, but as long as the person is not identifiable (i.e. their back, or face covered) then you don't need any form of release. Correct?