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07/30/2003 11:36:52 AM · #1 |
| i have a question for which the #1 winner in trends is a good example: would the photographer have had to get a model release in order to publish that picture? |
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07/30/2003 11:42:28 AM · #2 |
NOTE: I am not an attorney, nor am I speaking on behalf of the site. This does not represnet legal advice or an offiial position of DPChallenge.
Generally speaking, a model release is not required for purely journalistic or artistic use. Such a release is required only when the photograph will be used for commercial purposes. In most cases a person is not entitled to a reasonable expectation of privacy when out in public.
-Terry
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07/30/2003 02:49:16 PM · #3 |
I agree with Terry. When I took that shot I debated on whether I could enter it without a model release or not.
I figured that since I was in a "tourist location" and they were in a public area, they fell into the photojournalism category. Also because I was entering a contest where you win no money it can not be considered commercial so I had that going for me.
I also figured what are the chances they or someone else that knew them would see the photo (actually I never expected this photo to win so didn’t think it would be a front pager) and complain, at which point I would gladly remove the photo.
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08/06/2003 07:54:18 PM · #4 |
| thank you. so i guess there's a gray area. do you think a contest with a monetary prize would legally compromise you, then? or, for example, could you not sell a print like that through this site, etc? i just really shy away from taking photos of people i don't know, although i would very much like to feel more comfortable doing so! |
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08/06/2003 09:05:44 PM · #5 |
Originally posted by Diversq:
I also figured what are the chances they or someone else that knew them would see the photo (actually I never expected this photo to win so didn’t think it would be a front pager) and complain, at which point I would gladly remove the photo. |
Of course, you probably never expected a shot that matched your Speed shot to show up on PhotoSig either! ;-) |
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08/06/2003 09:08:33 PM · #6 |
Interesting question.
Generally I think of having to get a release if you're using someone's picture to promote something. If you're selling the picture itself....how does that work? You would think that if you took a picture of a crowd at a baseball game you wouldn't need model releases even if the closes subjects were quite visible.
I'm also trying to get over being shy about photographing interesting people. |
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08/06/2003 09:13:56 PM · #7 |
Originally posted by pupparazzo:
thank you. so i guess there's a gray area. do you think a contest with a monetary prize would legally compromise you, then? or, for example, could you not sell a print like that through this site, etc? i just really shy away from taking photos of people i don't know, although i would very much like to feel more comfortable doing so! |
Entering it in a contest or critical forum (like DPC) is fine, whether or not there are any prizes.
Selling prints publicly (but NOT just to family/friends) would constitute commercial use, and you should have a release if possible, but in many cases it would depend on the actual content and purpose of the reproduction.
I am NOT a lawyer, but I can usually figure out how to sound like one when I need to ....
The two best links for this stuff:
US Copyright Office
Nolo Press (Legal self-help book publishers)
Message edited by author 2003-08-06 21:14:54. |
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08/06/2003 09:14:04 PM · #8 |
so then legally speaking, the first three winners in fill the frame would not need a release?
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