David Kay wrote:
Not every lawyer is a plaintiff attorney. A person can also sue pro-se. Some are criminal attorneys and some are civil. Not every lawyer is there to file a suit. Some are there to defend suits.
A marvelously symbiotic relationship!
anniestone wrote:
Hi guys.. I'm interested in doing street photography and people on the street kind of stuff.. do I need to get people to sign form after I take picture if I plan to post it publicly?
One of the best:
http://www.krages.com/phoright.htmJust search for "photography and the law" (without the quotes). There are quite a few articles available.
--Bob
Be careful as this one is dated 2006.
A friend of mind has a release form on her iPhone. She asks the subject to sign it right then and there.
my wife makes hers and some of my clothing , which is very colorful and
interesting . people take photos all the time , and a few times we have been asked to sign a release . if we sign a release , can our photos be used in any
way the photographer desires , such as in advertising or with a derogatory
caption ?
mort wrote:
my wife makes hers and some of my clothing , which is very colorful and
interesting . people take photos all the time , and a few times we have been asked to sign a release . if we sign a release , can our photos be used in any
way the photographer desires , such as in advertising or with a derogatory
caption ?
Depends on the wording in the release. Read it carefully.
mort wrote:
my wife makes hers and some of my clothing , which is very colorful and
interesting . people take photos all the time , and a few times we have been asked to sign a release . if we sign a release , can our photos be used in any
way the photographer desires , such as in advertising or with a derogatory
caption ?
In MOST cases, YES! UNLESS it is a very specific release. MOST Model Release forms are VERY generic and cover almost all possible uses. Some have space for listing specific uses or exclusions. Use your phone to snap a pic of the release each time you are asked to sign, then you have evidence of what you signed!
Folks,
This brings up a good point about where we are blocked from shooting , or from just using tripods in some interior places, particularly cathedrals in Europe and Canada. Some allow only hand hold cams. This policy arises from two issues: public safety as dictated from owners' insurances policies from people being awed by what they're looking at that many trip over the legs of tripods and bring suit against the owners of the building they are in. The other issue is that seasoned shooters compromise the revenue from the sales potential of postcards which can be huge. At St. Peter's Basilica in Rome, I had my tripod confiscated by the Vatican's police, but it was "released" two days later. This taught me to use beanbag supports on the seat and pew backs for my cams inside of public places, or even the edges of "roll" down car windows. In Italy and England black robbed clerics roam the aisles in big churches all day long.
DENEKE~
A guy I know has a black police style waistcoat(the main customers are police) on the back he has a patch which simply says photographer.
Because of the look of it, he doesn't get hassle and everybody just assumes he is a pro working. It's all about fitting in.
I knew someone else who worked at race meetings he found he could go anywhere carrying a bucket :) (he wasn't a photographer but he got more access that way.
Legally, you do not need permission to take someone's photo if you and they are on public property--the precedent is that there is no presumption of privacy. E.g. if you are on the sidewalk and they are crossing the street. And you may shoot from private property (such as through a house window) to public property (again, there is no assumption of privacy). However, you may not legally shoot from public property onto private, such as from the sidewalk into someone's yard, such as paparazzi do). it is not illegal, but you can be sued and lose.
If shooting for yourself or for publication and not for inclusion in an advertisement, as long as your subject is in a public space, it is a 1st Amendment issue - Freedom of the Press. And that does not mean that you have to be a credentialed news photographer, you can be free lance, and never have been published. This is why the paparazzi get away with so much. It is possible that someone will sue anyway, they can sue for almost any reason, but it does mean they are very very unlikely to win.
I would be very careful about photographing young children without discussing it with their parents, however, as everyone is now paranoid.
Also, photographing the police in action can get you into difficulty, particularly at a demonstration. A lot of people attempting to use their camera at Occupy events found this out the hard way. Again, the photographer is in the right photographing these events, but that doesn't do you much good if you are in jail and your camera has been confiscated. The police make up their own rules and it is very difficult to get them reversed in court. It's still a 1st Amendment issue, but you may have to take it all the way to the Supreme Court!
If you smile, stop photographing if asked, and don't get pushy, you will probably never be hassled.
Capture48 wrote:
If you are selling for profit, then yes you need a release. If you are just shooting to shoot or for practice, you do not need one. But it is better to ask permission.
Not so. If it's "art" or "news" you can sell it, post it, whatever. You need releases only if an image is used for promotion--as in advertising.
beverett wrote:
Not so. If it's "art" or "news" you can sell it, post it, whatever. You need releases only if an image is used for promotion--as in advertising.
I appreciate all these lay people giving free legal advice. Free legal advice from lay people could get you in a whole bunch of problems.
Maybe the OP should contact an Attorney to get the correct information in their venue
David Kay wrote:
I appreciate all these lay people giving free legal advice. Free legal advice from lay people could get you in a whole bunch of problems.
Maybe the OP should contact an Attorney to get the correct information in their venue
Paid legal advice from an attorney is equally useless, because they won't tell you anything until you have a very specific case. :-D
David Kay wrote:
I appreciate all these lay people giving free legal advice. Free legal advice from lay people could get you in a whole bunch of problems.
Maybe the OP should contact an Attorney to get the correct information in their venue
Most lawyers won't know squat about this. I know because I'm married to one. The best advice on these matters will come from news photographers, stock photographers and those who sell their images at art shows.
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