Selling Photos with people

[acparsons59 6]

Hello All,

I have a photo of a person that I took on the street. Actually, the photo below. I did not get his permission. What are the regulations on selling the photo?

 

[Steve5D]

In the United States, I don't believe you'd be able to do it.

But you're in Korea,,,

 

[bribrius]

well that sucks. the odds of keeping everyone out of your frame in a country full of millions of people just isn't always realistic. suppose you could yell "bomb" to get them all to run but that could cause other implications. You have a great photo, someone walks through just the corner of the frame. so what do you do about that?

 

[tirediron]

In the United States, I don't believe you'd be able to do it.

But you're in Korea,,,

Don't be so sure.

 

[lambertpix]

Most of the commercial or stock sites I've seen require releases for anyone who's "recognizable", and I think this guy would probably count in that respect. Nice shot, though.

 

[Newtricks]

My advice is look up and read about where a model release is needed in your location, at least in the U.S. problems with selling photos without a release arise when the photo is being used for trade or advertising according to the ASMP, sale of photos of people in public place used for news, artistic or educational proposes do not require a release (well that how I understand what I've read).

 

[Gavjenks]

People in the US sell photos all the time of people in public without releases, in book or gallery contexts as artwork in their own right. You can generally get away with it, but it is still a little bit gray/iffy, and of course there's no point in risking it if you can possibly get a model release. Also for sure you'd want to contact a lawyer if shots without model releases were a recurring thing in your business and/or if selling for a lot of money.

Absolutely no clue about Korea.

 

[KmH]

Here in the USA it depends on how the photo is used.

In Nussenzweig v. diCorcia the usage was an editorial use based on the legal definitions of commercial use and editorial use.
In other words selling photos for non-commercial usage usually does not require permission (a model release).
If a person in a photo is well known them personality rights might apply. Personality rights

Here in the US, model release/property/personality rights laws are state law and as such vary somewhat from state to state.

As you've discovered from at least 1 post in the thread, an online photography forum can be a poor place to seek legal advice.
Consult with an attorney familiar with publication law where you are.

 

[gsgary]

In the United States, I don't believe you'd be able to do it.

But you're in Korea,,,

How do you think Elliot Erwitt, Joel Meyerowitz, Garry Winnogrand, Bruce Gilden go on, it is ok as long as it is not for advertising

 

[bribrius]

okay. so we wouldn't need to worry about this........

 

[Newtricks]

Why are paparazzi so hated... because they can sell any image taken in a public place of whomever, for editorial, media or artistic use without a release or paying royalties.

 

[Newtricks]

I worked in the motion picture industry for nearly 30 years, and have taken photos of the "Stars" on the streets in and around Hollywood for nearly as long. At the end of the day... if they're out in public when the shot is taken, it's fair game.

 

[Steve5D]

In the United States, I don't believe you'd be able to do it.

But you're in Korea,,,

How do you think Elliot Erwitt, Joel Meyerowitz, Garry Winnogrand, Bruce Gilden go on, it is ok as long as it is not for advertising

I don't know who any of those people are, so I don't know what point you're trying to make.

But whether or not something is used for advertising is not the barometer for which we determine the need for a release...

 

[Steve5D]

I worked in the motion picture industry for nearly 30 years, and have taken photos of the "Stars" on the streets in and around Hollywood for nearly as long. At the end of the day... if they're out in public when the shot is taken, it's fair game.

You're correct, but to a point.

Yes, you can take their picture.

What you do with that photo, though, is an entirely different matter.

Yes, there are instances in which the photo can be sold. But you're painting with a really wide brush...

 

[Steve5D]

Why are paparazzi so hated... because they can sell any image taken in a public place of whomever, for editorial, media or artistic use without a release or paying royalties.

That's not why they're hated. They're hated because they're professional stalkers...