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Do you need permission from people in your pics?
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Jan 3, 2012 12:29:56   #
arteest Loc: Arizona since 2007
 
yes, those are my oil paintings, which is how I got interested in photography... I take the photos, create prints, use an opaque projector to get the general sketch and then paint. Now I'm really getting into what the photo looks like, poses, unposed, emotions... but I'll still paint the ones I like the most.

thanks, jim

drobbia wrote:
Like your painted(?) portrait in background of your avatar - tg
arteest wrote:
LarryD wrote:
hoover67 wrote:
So you're saying if I have a website that I promote my business and show pictures (that I took) of the work I do, that means I have to get permission from the individuals?


You're getting a lot of misleading information..

The answer is generally, no... you do not need a release or permission of individuals in your photos to show them or have them on your website.. There may be exceptions, but they would be rare..

Make a copy of this for your bag:
http://www.krages.com/phoright.htm

If you want to sell a persons image for a profit, and that person has "posed" for you or is the main subject, you may likely need a release (but not always).. If that person is incidental to the main subject, you do not...
quote=hoover67 So you're saying if I have a websi... (show quote)


This makes more sense, magazines take photos all the time without permission, and it's how they sell magazines. I do think that we should use caution when photographing children in public... could have the law after you by some paranoid mom. I love to photograph people and I was wondering about this very topic over the weekend. This forum is invaluable, thanks to all who contribute their expertise.
quote=LarryD quote=hoover67 So you're saying if ... (show quote)
Like your painted(?) portrait in background of you... (show quote)

Reply
Jan 3, 2012 12:32:46   #
nikonshooter Loc: Spartanburg, South Carolina
 
drobbia wrote:
Like your painted(?) portrait in background of your avatar - tg
arteest wrote:
LarryD wrote:
hoover67 wrote:
So you're saying if I have a website that I promote my business and show pictures (that I took) of the work I do, that means I have to get permission from the individuals?


You're getting a lot of misleading information..

The answer is generally, no... you do not need a release or permission of individuals in your photos to show them or have them on your website.. There may be exceptions, but they would be rare..

Make a copy of this for your bag:
http://www.krages.com/phoright.htm

If you want to sell a persons image for a profit, and that person has "posed" for you or is the main subject, you may likely need a release (but not always).. If that person is incidental to the main subject, you do not...
quote=hoover67 So you're saying if I have a websi... (show quote)


This makes more sense, magazines take photos all the time without permission, and it's how they sell magazines. I do think that we should use caution when photographing children in public... could have the law after you by some paranoid mom. I love to photograph people and I was wondering about this very topic over the weekend. This forum is invaluable, thanks to all who contribute their expertise.
quote=LarryD quote=hoover67 So you're saying if ... (show quote)
Like your painted(?) portrait in background of you... (show quote)


Try selling your pics for stock and see if you can do so without a release! If there is a face in the image whether it is the main subject or not and even if the person is only marginally recognizable and you submit the image without a release, it will be rejected. "IStockPhoto" one of the largest stock purchasing companies is not interested in paying lawyers either.

There is a huge difference in the law when dealing with "editorial purposes as in news and magazines" and all else.

Reply
Jan 3, 2012 12:36:17   #
rdbroman
 
hoover67 wrote:
I'd like to know if you need permission from people who are in your pictures, if you are using that picture on your website to promote your business? I'd like some feedback?
Thanks, Mike


Great question.. There is a caveat in this thread. We are photographers and most of us do not know the law. Get your information regarding model releases from reliable legal sources regarding model and property releases. No, I am not suggesting that you need a lawyer. You need to do your homework though.

Reply
 
 
Jan 3, 2012 12:52:07   #
alliebess Loc: suburban Philadelphia
 
I work for a university and take photos for use in library publications, both online and print. University requires a signed model release for any photo showing a recognizable face. Policy was set by university counsel.

Reply
Jan 3, 2012 12:56:35   #
Nevada Chuck
 
If they are identifiable, and not "public figures", yes.

Reply
Jan 3, 2012 13:01:23   #
drobbia Loc: Near Middletown, CA
 
Ditto. 98% of my work begins with Photo. Cant do Plein Aire, too burdensome, just shoot, back to studio, aint it grand -Watercolors,oils,monotypes etc. are the final images, some photo images too. -- tg
arteest wrote:
yes, those are my oil paintings, which is how I got interested in photography... I take the photos, create prints, use an opaque projector to get the general sketch and then paint. Now I'm really getting into what the photo looks like, poses, unposed, emotions... but I'll still paint the ones I like the most.

thanks, jim

drobbia wrote:
Like your painted(?) portrait in background of your avatar - tg
arteest wrote:
LarryD wrote:
hoover67 wrote:
So you're saying if I have a website that I promote my business and show pictures (that I took) of the work I do, that means I have to get permission from the individuals?


You're getting a lot of misleading information..

The answer is generally, no... you do not need a release or permission of individuals in your photos to show them or have them on your website.. There may be exceptions, but they would be rare..

Make a copy of this for your bag:
http://www.krages.com/phoright.htm

If you want to sell a persons image for a profit, and that person has "posed" for you or is the main subject, you may likely need a release (but not always).. If that person is incidental to the main subject, you do not...
quote=hoover67 So you're saying if I have a websi... (show quote)


This makes more sense, magazines take photos all the time without permission, and it's how they sell magazines. I do think that we should use caution when photographing children in public... could have the law after you by some paranoid mom. I love to photograph people and I was wondering about this very topic over the weekend. This forum is invaluable, thanks to all who contribute their expertise.
quote=LarryD quote=hoover67 So you're saying if ... (show quote)
Like your painted(?) portrait in background of you... (show quote)
yes, those are my oil paintings, which is how I go... (show quote)

Reply
Jan 3, 2012 13:03:36   #
Scubie Loc: Brunswick Georgia
 
I have an Iphone..wonderful idea...what site is it???

Reply
 
 
Jan 3, 2012 13:08:08   #
travelwp Loc: New Jersey
 
"I don't photograph people because of a situation in Toronto where I was offered a choice, erase the pic or you'll meet my lawyer"

I'd love to meet the lawyer. At that point you have done nothing with the photo.

Reply
Jan 3, 2012 13:25:39   #
lacsar Loc: Columbia SC and Newland NC
 
Thats good information LarryD, I saved a copy and plan to print a couple of copies to put in my camera bag. The extra copy is for whom ever questions my right to photograph. I hope I never have to use it.
LarryD wrote:
hoover67 wrote:
So you're saying if I have a website that I promote my business and show pictures (that I took) of the work I do, that means I have to get permission from the individuals?


You're getting a lot of misleading information..

The answer is generally, no... you do not need a release or permission of individuals in your photos to show them or have them on your website.. There may be exceptions, but they would be rare..

Make a copy of this for your bag:
http://www.krages.com/phoright.htm

If you want to sell a persons image for a profit, and that person has "posed" for you or is the main subject, you may likely need a release (but not always).. If that person is incidental to the main subject, you do not...
quote=hoover67 So you're saying if I have a websi... (show quote)

Reply
Jan 3, 2012 13:40:46   #
ALYN Loc: Lebanon, Indiana
 
In the newspaper business, you need permissions only from people who are identifiable, i.e. faces or other identifiable characteristics---and if you are planning on publishing. In your situation, my thought would be not to to use a foto of a face even in a crowd. ALYN

Reply
Jan 3, 2012 13:41:04   #
ALYN Loc: Lebanon, Indiana
 
In the newspaper business, you need permissions only from people who are identifiable, i.e. faces or other identifiable characteristics---and if you are planning on publishing. In your situation, my thought would be not to to use a foto of a face even in a crowd. ALYN

Reply
 
 
Jan 3, 2012 14:30:11   #
joanef
 
Bmac wrote:
LarryD wrote:
hoover67 wrote:
So you're saying if I have a website that I promote my business and show pictures (that I took) of the work I do, that means I have to get permission from the individuals?


You're getting a lot of misleading information..

The answer is generally, no... you do not need a release or permission of individuals in your photos to show them or have them on your website.. There may be exceptions, but they would be rare..

Make a copy of this for your bag:
http://www.krages.com/phoright.htm

If you want to sell a persons image for a profit, and that person has "posed" for you or is the main subject, you may likely need a release (but not always).. If that person is incidental to the main subject, you do not...
quote=hoover67 So you're saying if I have a websi... (show quote)


Thanks Larry.
quote=LarryD quote=hoover67 So you're saying if ... (show quote)

Thanks Larry

Reply
Jan 3, 2012 14:36:50   #
nikonshooter Loc: Spartanburg, South Carolina
 
ALYN wrote:
In the newspaper business, you need permissions only from people who are identifiable, i.e. faces or other identifiable characteristics---and if you are planning on publishing. In your situation, my thought would be not to to use a foto of a face even in a crowd. ALYN


This isn't the case. I shoot for the Spartanburg Herald Journal - A New York Times paper. as a contracted agent, mostly sports, they do not require a release. I also shoot for Cox Broadcasting company the Charlotte Bobcats and Carolina Panther home games......once again, when used for editorial purposes, the need for a model release is non existent. Now, if I took a picture of Cam Newton and put that on my site....I would be putting myself at risk, unless I had a release. I do have a picture of Jay Cutler on my site but I do have a release from him.

The law isn't that vague.......if the image is to be used for editorial purposes there is no need for a release.

Someone on this thread posted a PDF file about Photographers rights. Read that carefully, when photographing people - children or adults - whether there is or is not an expectation of privacy, where the intent of the image is to promote your site, your business or to sell. You must have a release. If on the other hand, you turn it over to the local newspaper and they publish it. There is no need.

Last, I photograph a lot of HS sports. I sell those pictures. I shoot primarily for one High School - Dorman HS. The Dorman Handbook has a release included with other important items for each student. Each student and parent are asked to sign the handbook. This is real IFFY in my opinion and I suppose it is a matter of time and releases from participants (Group release) will be needed for each event.

We just hosted a large basketball tournament over a 4 day period. Prior to the tournament teams were mailed packets that included a release to be signed by the guardian/parent among other things.

http://www.schsprep.com/basketball.html

the Upward Classic Basketball Tournament if you are interested.

Reply
Jan 3, 2012 15:16:22   #
Cappy Loc: Wildwood, NJ
 
travelwp wrote:
"I don't photograph people because of a situation in Toronto where I was offered a choice, erase the pic or you'll meet my lawyer"

I'd love to meet the lawyer. At that point you have done nothing with the photo.


I have a few businesses and have a legal association that I pay an annual fee for. Of course if I have to go to court, it's extra. I carry their business card and in the case above I would give them the lawyers card and let them know to send all correspondence to them. Then I don't talk to them anymore. Have used this twice before and it generally stops there because you have called their bluff.

Reply
Jan 3, 2012 15:28:05   #
travelwp Loc: New Jersey
 
"I would give them the lawyers card and let them know to send all correspondence to them. Then I don't talk to them anymore. Have used this twice before and it generally stops there because you have called their bluff."

Cappy, Great way to handle it ! I'm sure that would stop them in their tracks.

Reply
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