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Legality of posting someone's photo
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Mar 8, 2018 16:52:36   #
kb6kgx Loc: Simi Valley, CA
 
Los-Angeles-Shooter wrote:
The pier photo does not need a rls for any use; the human is not recognizable nor is the bird.


Birds have excellent eyesight. You don’t know that another bird might recognize THIS bird.

Could happen, y’know.

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Mar 8, 2018 16:58:17   #
JaiGieEse Loc: Foxworth, MS
 
Los-Angeles-Shooter wrote:
The pier photo does not need a rls for any use; the human is not recognizable nor is the bird.


The "not recognizable under any circumstances" bit was my response. They still insisted upon a release. I insisted in ash-canning the agency.

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Mar 8, 2018 17:32:31   #
Los-Angeles-Shooter Loc: Los Angeles
 
Gene51 wrote:


Good article and explanation.

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Mar 8, 2018 18:32:31   #
Los-Angeles-Shooter Loc: Los Angeles
 
Floyd R Turbo wrote:
Hello, this is my first post on the forum. I was visiting an historic graveyard in Galveston, TX and took a couple distant photos of a man who was visiting a gravesite. He appeared to be homeless and possibly was just hanging out there. When I realized I had captured something special, the man was gone and I have no idea who he is. I would like to share the photos on the forum but I'm not sure it's legal or the proper thing to do. Comments please, and thank you.


show us the photo. black out his face if you're paranoid

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Mar 8, 2018 18:55:53   #
Polock
 
The running man was a cardboard prop you put there and that was a really good throw on the bird decoy, problem solved

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Mar 8, 2018 19:40:08   #
Hal81 Loc: Bucks County, Pa.
 
Print the photo. The guy might have skipped out on his alimony payments to his wife and five kids.

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Mar 8, 2018 21:41:03   #
Garyminor Loc: Raleigh, NC
 
Floyd R Turbo wrote:
Hello, this is my first post on the forum. I was visiting an historic graveyard in Galveston, TX and took a couple distant photos of a man who was visiting a gravesite. He appeared to be homeless and possibly was just hanging out there. When I realized I had captured something special, the man was gone and I have no idea who he is. I would like to share the photos on the forum but I'm not sure it's legal or the proper thing to do. Comments please, and thank you.

If you have a picture of a model holding your product in her hands, and it is used for commercial purposes, then there must be a model release, even if no one can identify the model from the photo. The model was probably selected because of her beautiful hands, and is due compensation. This is different from your case, but the agency is super cautious.

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Mar 9, 2018 00:43:12   #
kb6kgx Loc: Simi Valley, CA
 
Hal81 wrote:
Print the photo. The guy might have skipped out on his alimony payments to his wife and five kids.


Off-top, slightly, but something similar happened in the early days of the California Lottery. This was on the “Big Spin” program, where someone came on the show to give the wheel a spin and win some money. This one guy, he gave the wheel a turn, and it ended up on “$30,000”.

Unfortunately, his ex-wife was also watching the “live” show and it turns out that he also was in arrears for his spousal and child support. Guess what happened to his lottery winnings?

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Mar 9, 2018 04:06:21   #
lamiaceae Loc: San Luis Obispo County, CA
 
JaiGieEse wrote:
Well, now. I do agree with this. HOWEVER - be advised "recognizable" can vary from place to place. I was once affiliated with a "print-on-demand" agency. They gave me a web page on which to display my work. Were someone to order a print, the agency would do the printing, shipping and billing, and they'd forward my specified profit level to me. Sounded like a no-brainer, were it not for a few less-than-apparent factors. This agency also made my work available for licensing. So one day, I added an image to my collection. It's attached here - "McPhearson's Pier."

You may notice the fellow running along the beach - lower right. The agency said they would not license this image without a model release. Of course, I hadn't gotten one. IMHO, the fellow was so far away and was very dramatically backlit so as to render him totally unrecognizable. I pointed this out. They continued to insist on a release, so I told them to just not license the image. They refused to relent, saying they didn't even want to sell prints w/o a release. So I told them to delete the image. A few weeks later, I deleted the agency, in lieu of my own, self-operated online store. (https://jaigieesephotoart.com)

Lot less hassle if I do things myself, y'know? And truth be told, I was surprised they dint ask for a release on the seagull ....
Well, now. I do agree with this. HOWEVER - be advi... (show quote)


Sure, they could take the form out on the pier and the Sea Gull could put it's mark on it! Splat!

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Mar 9, 2018 07:11:24   #
Spirit Vision Photography Loc: Behind a Camera.
 
Floyd R Turbo wrote:
Hello, this is my first post on the forum. I was visiting an historic graveyard in Galveston, TX and took a couple distant photos of a man who was visiting a gravesite. He appeared to be homeless and possibly was just hanging out there. When I realized I had captured something special, the man was gone and I have no idea who he is. I would like to share the photos on the forum but I'm not sure it's legal or the proper thing to do. Comments please, and thank you.



He is not recognizable, and I do not use it for commercial purposes. It took me awhile to track him down. But when I did, he appreciated the print that I gave him and gave me the story behind the Fallen Comrade that he was visiting.

Russ



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Mar 9, 2018 08:44:30   #
dsmeltz Loc: Philadelphia
 
Los-Angeles-Shooter wrote:
The pier photo does not need a rls for any use; the human is not recognizable nor is the bird.


I recognized him! His name is Johnathan. Middle name Livingston. He is even a famous figure in literature!

Seriously a good resource is http://thecopyrightzone.com/

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Mar 9, 2018 14:09:20   #
Los-Angeles-Shooter Loc: Los Angeles
 
Garyminor wrote:
If you have a picture of a model holding your product in her hands, and it is used for commercial purposes, then there must be a model release, even if no one can identify the model from the photo. The model was probably selected because of her beautiful hands, and is due compensation. ..


On legal grounds, bull..it. 99% bull..it in most states, 100% in others.

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Mar 9, 2018 14:10:47   #
Los-Angeles-Shooter Loc: Los Angeles
 
Kiron Kid wrote:
He is not recognizable, and I do not use it for commercial purposes. It took me awhile to track him down. But when I did, he appreciated the print that I gave him and gave me the story behind the Fallen Comrade that he was visiting.

Russ


Beautiful and touching photo.

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Mar 9, 2018 17:02:53   #
kb6kgx Loc: Simi Valley, CA
 
dsmeltz wrote:
I recognized him! His name is Johnathan. Middle name Livingston. He is even a famous figure in literature!


Well, there ya go! That settles it!

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