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DPChallenge Forums >> Photography Discussion >> other people's kids
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04/24/2007 07:34:47 PM · #1
I was at a wedding this weekend and the flower girl was so cute I just kept shooting pictures of her outside the church. I want to put one in my profile and get some of y'all to tell me what you think of it but I hesitate because I don't know her parents and I don't want them to freak out that I posted a photo of their kid on the internet. (should they ever find out)

Do any of you( or all of you) get permission to post someone's image on this site?

Message edited by author 2007-04-24 19:35:05.
04/24/2007 07:40:02 PM · #2
I have one candid of a kid, but she's not necessarily very recognizable. If you have a definite likeness you should get their permission.
04/24/2007 07:40:50 PM · #3
Well, it all depends on what you'll do with the answer. You have every right to post the photo.

If they say "no" and you are happy to not use it, then I'd just ask out of courtesy. At least you won't get someone all up in arms.

If they say "no" and you were planning on using it anyway, I would say don't even ask.
04/24/2007 07:44:47 PM · #4
If you're going to use it for professional use, you'd need to have their permission by way of a model release form.

However, for personal use, I'm not sure what the legality of publishing the image on the internet is.
04/24/2007 07:51:16 PM · #5
hasn't this been discussed at length in several threads?

It is a Candid. Basically, you can do whatever you want with the image as long as you do not present the person in the wrong way.. i.e. a child in an adult ad/ Nor do you use it for monetary gains, other words you can not sell the image.

What you can do, post it, print it, throw it away, post it again, keep it, lose it, give it away. But, unless you have a release signed you can not transfer the models rights away because you don't have them.
04/24/2007 08:23:27 PM · #6
uh, i thought you can sell picture as long as its not for commercial use... i.e. you can sell a print of the picture, as a piece of art, but you can't sell it as a stock photo for use in commercial advertising

Cut and pasted from wikipedia //en.wikipedia.org/wiki/Street_photography#Legal_considerations

"In 2006, a New York trial court issued a ruling in a case involving Philip-Lorca diCorcia, who had set up elaborate strobe rigs on a New York City street corner and had photographed people walking down the street, including Emo Nussenzweig, an Orthodox Jew who objected on religious grounds to deCorcia's publishing in an artistic exhibition a photograph taken of him without his permission. The photo's subject argued that his privacy and religious rights had been violated by both the taking and publishing of the photograph of him. The judge dismissed the lawsuit, finding that the photograph taken of Nussenzweig on a street is art - not commerce - and therefore is protected by the First Amendment.

Manhattan state Supreme Court Justice Judith J. Gische ruled that the photo of Nussenzweig--a head shot showing him sporting a scraggly white beard, a black hat and a black coat--was art, even though the photographer sold 10 prints of it at $20,000 to $30,000 each. The judge ruled that New York courts have "recognized that art can be sold, at least in limited editions, and still retain its artistic character. . . . First Amendment protection of art is not limited to only starving artists. A profit motive in itself does not necessarily compel a conclusion that art has been used for trade purposes." See Nussenzweig v. diCorcia."
04/24/2007 09:12:07 PM · #7
So I guess the answer is you can post it as long as you sell it for $20k-$30k. ;-)

Post it in your portfolio - it's legal and if it's even the slightest bit cute, it will brighten this place up a bit. :)
04/24/2007 09:40:25 PM · #8
Originally posted by diablo2097:

uh, i thought you can sell picture as long as its not for commercial use... i.e. you can sell a print of the picture, as a piece of art, but you can't sell it as a stock photo for use in commercial advertising


First of all, I never go by wiki accept for info that doesn't matter if its right or wrong...

Second,Yes, you can sell the image for artistic value, media value, editorial value, not commercial value, However, it would behoove the person to get a release. Or, in this case let the parents know and give them first opportunity to purchase prints, and than get them to sign the release...
04/24/2007 09:44:28 PM · #9
I could be wrong, but I think she was simply asking if she could post it in her DPC portfolio to get some comments. Good luck trying to explain this website to the kids parents - I can't even explain it to anyone I know. :)
04/25/2007 12:46:18 AM · #10
Thanks for your input. And sorry I didn't do a search for my answers. I figured a quick question wouldn't hurt anybody.

Also, I've posted the photo in my profile. Any comments would be welcome.
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