Bystanders in website photos (Page 3): In New York using a person's "likeness" for commercial use without their consent subjects you to liability. Candid shots in public places (e.g.

Al Vocinq Loc: The wilds of upstate New York

In New York using a person's "likeness" for commercial use without their consent subjects you to liability. Candid shots in public places (e.g., street photography) are presumptively ok. That said, I (being a lawyer for going on 40 years) would certainly recommend getting consents whenever possible. Winning a lawsuit still costs a lot of money.

jerryc41 Loc: Catskill Mts of NY

goldenyears wrote:

"...because he owned the copyright."

He has a copyright on the plane? 🤣

It's a shame what's happened to photography lately. I remember watching movies of explorers trying to take pictures of the natives, and the locals were afraid the camera would capture their spirits. Society seems to be going backwards. We're afraid of everything.

PixelPeep Loc: MidAtlantic

Longshadow wrote:

Best to check with the company lawyer, not UHH opinion.
Many times a condition of employment includes a "waiver" for any "company" photos.
Are you concerned about "bystanders" or employees?
Bystanders (non-employees), if on company property, may require a consent form.

I had to sign a consent form when the hospital where I received chemo had a photographer shoot pictures that included me.

I worked in hospitals and they're a special issue. Publishing a photo of a patient without their permission would violate the patient privacy law, known as HIPPA.

burkphoto Loc: High Point, NC

PixelPeep wrote:

I worked in hospitals and they're a special issue. Publishing a photo of a patient without their permission would violate the patient privacy law, known as HIPPA.

Yep. I did some photography for a school of nursing affiliated with a local hospital in Charlotte, back in 1979. They were concerned about patient's rights and experiences back then. I got model releases from every student, instructor, and patient I photographed for their catalog. It was the right thing to do, and now it's the law — Health Information Patient Privacy Act. Interestingly, no one we approached objected, and no one got paid for appearing.

jerryc41 Loc: Catskill Mts of NY

That reminds me. Our local school had an issue years ago with their newsletter. They published pictures of kids in Special Ed classes. The parents didn't want their kids shown as being that kind of special.

LFingar Loc: Claverack, NY

burkphoto wrote:

Yep. I did some photography for a school of nursing affiliated with a local hospital in Charlotte, back in 1979. They were concerned about patient's rights and experiences back then. I got model releases from every student, instructor, and patient I photographed for their catalog. It was the right thing to do, and now it's the law — Health Information Patient Privacy Act. Interestingly, no one we approached objected, and no one got paid for appearing.

That was before the existance of social media convinced 90% of the country that they are rock stars who should get paid for their images, experiences, opinions, etc.

burkphoto Loc: High Point, NC

LFingar wrote:

That was before the existance of social media convinced 90% of the country that they are rock stars who should get paid for their images, experiences, opinions, etc.

And greedy lawyers… God love ‘em, I have two in my family.