Selling Photos with people

[Newtricks]

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...[/QUOTE]

Exactly correct, so long as I am selling it as an editorial, educational or work of art and not as a promotion for this or this that or whatever etc... I am with my rights.

 

[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.

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

I stand corrected.

 

[Newtricks]

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...

You are right, there are limits as how the images can be used.

 

[Newtricks]

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

Well there is that too...

 

[bribrius]

this could be one of things where until someone notices, someone complains, a letter shows up with a threat from a lawyer, and you get a court date. you really don't have to worry about it.

 

[The_Traveler]

If someone is out in public on public property, they have no "expectation of privacy," and can be photographed by anyone, and such a photograph can be used without their permission for news, editorial, artistic, and other uses. The picture can not be used for "commercial" purposes, such as to promote a product or company. These kinds of photos can legally be sold for non-commercial purposes without the consent of the people in the photo.

 

[The_Traveler]

and I would crop this a bit.
Since the face is almost lost, make it a bit tighter on the right so that the tightness is assumed to be on purpose.

Quite a nice shot, I think.

 

[vintagesnaps]

You could look at sites like ASMP's although I don't know if that would cover usage in your country. Their site also mentions retail use; I'm not sure if that refers to putting photos on T shirts, mugs etc. to sell, or if it includes other usage for profit (to make money) such as selling the image online.

ASMP has a 'pocket' release meant to be carried by a photographer to use while out shooting, and have releases available as an app. If you don't get a release signed at the time that may limit your potential usage. You could use it for editorial purposes (newspaper) without a release but probably not for retail or commercial. If you sell a print the purpose would be for someone to display in their home; other retail use I think could mean you're making money from someone's likeness in your photos. If you get the subject's permission then you'd more likely be covered.

I think that the difference with some of the well known photographers mentioned in another post was that their photos were at the time probably sold as prints, published in a museum/gallery's catalogue that would have accompanied an exhibit, or published in a magazine. The photos sold would have been for an individual buyer's personal use. Now museums have those often displayed online as part of their collection, and after a certain amount of time the photos could be in the public domain.

I'd consider reading Terms & Conditions on websites to know if posting on a site gives that site usage (and/or allows third party usage). I'd consider getting releases signed to avoid potential problems later.

 

[wyogirl]

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

But you're in Korea,,,

Not entirely true. In the US you couldn't sell this for commercial use, like to a stock photography site.
You CAN sell it as art.

Edit: I guess I should have read all the replies.... lots of people beat me to it.

 

[webestang6411]

A little info here...... When Photographers Need a Photo Release or Use of Likeness