Do you need permission from people in your pics? (Page 5): 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...

EdAnderson Loc: Hanover, PA

Cappy wrote:

quote=travelwp "I don't photograph people be... (show quote)

What if they are not bluffing?

kamoopsipooh Loc: Big Island

Thom wrote:

I would consult a higher authority...attorney etc....
I am sure we have seen all sorts of pictures on the internet from all types of people...especially Facebook to name one....and I would bet none of them had releases....Does Sun...Star...Newspaper check out newspapers get permission to use those ugly pictures of stars and such?.....I think the rules have changes...just how much!!! my2cents

Good questions. Wouldn't "Sun," "Star," and newspaper fall under editorial? Also, I've got tons of pictures on Facebook. There's no commercial use of them, but some of my albums are "friends only" and "friends of friends." Has there been a precedence set for a site like Facebook? What about the Walmart Shoppers site and other sites like Photobombs? Now I'm curious...

My instructor has always told me to have my model release forms ready. I've never felt the need because I don't sell anything. I do, however, post. Hmmm...

alliebess Loc: suburban Philadelphia

Our university model release says "print, publish, display publicly, distribute and sell drawings or prints of the photograph(s) containing my image throughout the world ..." and goes on to include video, DVD, television and internet. It seems to cover all possibilities.

rob s Loc: La Mesa, CA

Nice to see that the Krages opinion reinforces my understanding of the legal scope of our rights.
I personally always hand anyone who asks me questions and is not being confrontational my card and offer to send them copies of the images. I also stop photographing anyone who is emphatic about not wishing to be in a picture, explain about the privacy laws and again offer to send them copies if they wish - usually refused ;-)
The one area needing careful and sensitive handling is photographing young children. This is very subject to misinterpretation and is often much better handled by talking to parents before you start shooting. My wife and I usually shoot together so this rarely becomes an issue.

JohnnyRottenNJ Loc: Northern New Jersey

I think you guys think about this stuff too much. If I were to take a street photo and someone happened to wander into the picture, I would not bother getting a release. If they are your intended subject, absolutely get a release. If not, I wouldn't worry. If the question ever arose, I would ask them to prove that they are in the photo. We all get photographed everyday, whether it be on a CCTV camera or even from Google Earth. I never was asked to sign a release.

sodapop Loc: Bel Air, MD

So, If you take pictures of a parade and put them on
something like FaceBook,you can't unless you have the permission of all in the photos? I don't think so.

EdAnderson Loc: Hanover, PA

sodapop wrote:

So, If you take pictures of a parade and put them on
something like FaceBook,you can't unless you have the permission of all in the photos? I don't think so.

The OP asked about the use of photographs to promote a business, not posting to a social website.

hoover67

There are a lot of good points thru out this thread. I think I'm going to have to do a little more research in my staste about this. Now if someone came up to me and said I don't want that on your website I would certainly not post. Most people usually don't care because I think they are flattered you thought highly of the photo.

snowbear

Roadrunner 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 checked with my friend, a pro with his own shop and does contract work and basically, legally @ 100%, you need a signed permission. However, if you're on a topless beach...well you're in trouble, if you are at a NASCAR race, no problem.

(No I never did the beach thing, but NASCAR yes.)

What about a topless NASCAR race?
I need a nap.

MtnMan Loc: ID

BTW, in such a situation don't hesitate to let them watch you delete the photo. Even reformat your card if they are a potential big problem.

Don't let them have your card, though. You can recover the images with free recovery software as long as you don't take a bunch of pics on top of them.

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.

gphotography Loc: Colorado

I have ran into this problem on New Years. I was taking photos out on the street in an area of one bar after another. I did not go into any business just on the street with the crowds of people. A power hungry security/ bouncer cam over and said I couldn't take photos of his security guys. I said no problem, I didn't want them in the shot anyway. A half hour later he comes over and says: no more photos at all. I said I have the right to take photos, and he didn't believe me, so I said you can go ask those 6 police officers standing 15 feet away to stop me. He just walked away. I had burst his power trip bubble. Look at the laws (maybe have a copy on you) and be ready, it will happen to most eventually.

MtnMan Loc: ID

Interesting point. Google has photographed both my current and last house and posted them on the Internet for anyone to see. I am in one of them.

They don't ask anyone for either a property or model release.

I think some nervous Nellies make too big a deal about this. Lawyers will quote one oddball case to scare you. The truth is most people would be tickled to find their pic on your WEB site. And yes, there are always a few jerks. Fortunately they are the (very small) minority.

It is also true in the U.S. that anyone can sue anyone else for anything at any time. Once again few do and many of those that do lose.

In any case I think common courtesy is the operable consideration here. There are some situations where it is approrpriate to ask before shooting. And it is always sensible to delete any photos someone asks you to...it just isn't worth a hassle. As I noted, you can recover them anyway.

JohnnyRottenNJ wrote:

I think you guys think about this stuff too much. If I were to take a street photo and someone happened to wander into the picture, I would not bother getting a release. If they are your intended subject, absolutely get a release. If not, I wouldn't worry. If the question ever arose, I would ask them to prove that they are in the photo. We all get photographed everyday, whether it be on a CCTV camera or even from Google Earth. I never was asked to sign a release.

Blake Loc: Alfred NY

LarryD wrote:

quote=hoover67 So you're saying if I have a websi... (show quote)

Larry,
Thank you from me too!!! :)

BGenie Loc: Sacramento, CA

snowbear wrote:

quote=Roadrunner I don't photograph people becaus... (show quote)

Who would care if those guys wore shirts or not? :P :lol:

Cappy Loc: Wildwood, NJ

EdAnderson wrote:

quote=Cappy quote=travelwp "I don't photogr... (show quote)

99% of the time they are bluffing. If you are not using their picture for advertising purposes, you took it while on public property and didn't take the picture where they should expect privacy, they will not find a lawyer to take the case.

One of my businesses is a motel & we don't allow motorcycles. Received a letter from a lawyers office
that we discriminated against them. Let them know there isn't any law concerning discrimination depending upon what you drive. Gave them my lawyers address & name, nothing after that. I think it was somone that had a friend in a lawyers office and they use his stationery.