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Dec 9, 2015 10:22:37   #
Fkaufman3 Loc: Florida, LA ie lower Alabama
 
I have many pictures taken in streets of various countries and festivals, etc. like Brazil, Ecuador with recognizable people, can I enter these in contests where they ask for model releases, also if doing street photography do you need releases to publish these?

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Dec 9, 2015 10:43:17   #
big-guy Loc: Peterborough Ontario Canada
 
If used in contests then almost all contest requirements include releases as must haves. If used for personal use then no release is required, PROVIDING, you do not use the images for advertising, marketing or selling purposes.

The above is a general guideline only. Please check with a copyright lawyer in your area for more details.

Fkaufman3 wrote:
I have many pictures taken in streets of various countries and festivals, etc. like Brazil, Ecuador with recognizable people, can I enter these in contests where they ask for model releases, also if doing street photography do you need releases to publish these?

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Dec 9, 2015 12:35:07   #
jim quist Loc: Missouri
 
Fkaufman3 wrote:
I have many pictures taken in streets of various countries and festivals, etc. like Brazil, Ecuador with recognizable people, can I enter these in contests where they ask for model releases, also if doing street photography do you need releases to publish these?


You are going to get responses on here from "Yes, publish whatever you want." to "Absolutely not without releases from every person with a recognizable face."
If you go to court it will depend on the judge you stand in front of.
Contact an attorney who is knowledgeable about copyright laws.

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Dec 9, 2015 13:37:33   #
JohnSwanda Loc: San Francisco
 
A couple of people have mentioned copyright attorneys, but the issue of releases and need for permission to publish photos of people has nothing to do with copyright. As far as the contests go, they can make whatever rules they want, and if they require releases and you don't have one, you are out of luck. For publication, whoever is publishing them may have their own rules also. Generally, for non commercial publication you shouldn't need a release, but anyone can sue and create legal expenses.

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Dec 10, 2015 01:44:03   #
BHC Loc: Strawberry Valley, JF, USA
 
I wonder if Steve McCurry ever got a release from the Afghan Girl (Sharbat Gula) for either of the pictures he took of her.

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Dec 10, 2015 08:28:11   #
Mark7829 Loc: Calfornia
 
Fkaufman3 wrote:
I have many pictures taken in streets of various countries and festivals, etc. like Brazil, Ecuador with recognizable people, can I enter these in contests where they ask for model releases, also if doing street photography do you need releases to publish these?


NO RELEASES REQUIRED IN PUBLIC PLACES. That is the law, though many believe otherwise but the courts are clear on this matter.

http://content.photojojo.com/photo-technique/tips/legal-rights-of-photographers/

The ALCU says it is your right! https://www.aclu.org/news/you-have-every-right-photograph-cop?redirect=free-speech/you-have-every-right-photograph-cop

http://www.krages.com/phoright.htm

http://www.bobatkins.com/photography/tutorials/photography_law_rights.html

Look at it this way, in public, if it was illegal to take a picture of it, it was illegal to even look at it. You might as well make breathing air illegal as well.

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Dec 10, 2015 08:30:05   #
Mark7829 Loc: Calfornia
 
big-guy wrote:
If used in contests then almost all contest requirements include releases as must haves. If used for personal use then no release is required, PROVIDING, you do not use the images for advertising, marketing or selling purposes.

The above is a general guideline only. Please check with a copyright lawyer in your area for more details.


WRONG!!!!!! In public places, no release or restrictions apply - so says the law............

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Dec 10, 2015 08:31:13   #
JohnSwanda Loc: San Francisco
 
Mark7829 wrote:
NO RELEASES REQUIRED IN PUBLIC PLACES. That is the law, though many believe otherwise but the courts are clear on this matter.

http://content.photojojo.com/photo-technique/tips/legal-rights-of-photographers/

The ALCU says it is your right! https://www.aclu.org/news/you-have-every-right-photograph-cop?redirect=free-speech/you-have-every-right-photograph-cop

http://www.krages.com/phoright.htm

http://www.bobatkins.com/photography/tutorials/photography_law_rights.html

Look at it this way, in public, if it was illegal to take a picture of it, it was illegal to even look at it. You might as well make breathing air illegal as well.
NO RELEASES REQUIRED IN PUBLIC PLACES. That is the... (show quote)


That ignores the way the photo is used. If you are using it for advertising, you are going to need a release no matter where it was taken. For photojournalism or art photography, you don't need permission.

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Dec 10, 2015 08:36:58   #
Mark7829 Loc: Calfornia
 
JohnSwanda wrote:
A couple of people have mentioned copyright attorneys, but the issue of releases and need for permission to publish photos of people has nothing to do with copyright. As far as the contests go, they can make whatever rules they want, and if they require releases and you don't have one, you are out of luck. For publication, whoever is publishing them may have their own rules also. Generally, for non commercial publication you shouldn't need a release, but anyone can sue and create legal expenses.
A couple of people have mentioned copyright attorn... (show quote)


It does not matter if it is used for commercial or non-commercial purposes, in public there are no restrictions as to use. I have never entered a contest where releases where required. If ever one was required, it is not a contest but likely a front to secure images for their own commercial purposes. I have seen this all the time. Instead of hiring a photographer for $10,000 to shoot images, just host a contest and acquire 10,000 images to use as you please. Note many contests require that you give up your rights to any image you submit as a condition of participation. Read the fine print ... pretty scary stuff.

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Dec 10, 2015 08:37:17   #
JohnSwanda Loc: San Francisco
 
Mark7829 wrote:
WRONG!!!!!! In public places, no release or restrictions apply - so says the law............


No restrictions on taking the photo, but people running photo contests certainly have a right to require releases, and just try to use a photo of someone, especially a well known person, in an advertisement without permission and see how quickly you get sued.

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Dec 10, 2015 08:41:06   #
Mark7829 Loc: Calfornia
 
JohnSwanda wrote:
No restrictions on taking the photo, but people running photo contests certainly have a right to require releases, and just try to use a photo of someone, especially a well known person, in an advertisement without permission and see how quickly you get sued.


In a public place - not going to happen. Paparazzi do it all the time. Sure they may be hassled but no worries. Please cite a court case where a photographer in a public place took a picture of a celebrity and the celebrity sued and prevailed. You will find NONE...

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Dec 10, 2015 08:45:04   #
JohnSwanda Loc: San Francisco
 
Mark7829 wrote:
In a public place - not going to happen. Paparazzi do it all the time. Sure they may be hassled but no worries. Please cite a court case where a photographer in a public place took a picture of a celebrity and the celebrity sued and prevailed. You will find NONE...


Paparazzi are actually photojournalists, and their photos are published as editorial content. Just show me a case where someone used a photo of a celebrity in an advertisement without their permission and got away with it.

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Dec 10, 2015 08:46:10   #
Mark7829 Loc: Calfornia
 
JohnSwanda wrote:
That ignores the way the photo is used. If you are using it for advertising, you are going to need a release no matter where it was taken. For photojournalism or art photography, you don't need permission.


NO permission is required for commercial purposes if the picture was taken from a public place. You many want to but it not required. Please cite a court case where such permissions where found to be required by law or some one was sued and prevailed. You will find none. Remember, we are only speaking of photography taken from public places.

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Dec 10, 2015 08:48:50   #
Mark7829 Loc: Calfornia
 
JohnSwanda wrote:
Paparazzi are actually photojournalists, and their photos are published as editorial content. Just show me a case where someone used a photo of a celebrity in an advertisement without their permission and got away with it.


Show me a court case where it was prevented. You will find none. How do you define commercial? A photographer takes a picture of a celebrity walking on a public beach. The photographer sells the photo to a magazine to which 2 million copies where sold. Sounds like alot of money was made. The photographer was only interested in the commercial venture.

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Dec 10, 2015 08:54:06   #
JohnSwanda Loc: San Francisco
 
Mark7829 wrote:
Show me a court case where it was prevented. You will find none.


You probably won't find a case because any advertising agency knows that if they use a photo of a celebrity in an advertisement without permission they will be successfully sued. I don't think you know the difference between editorial and commercial usage.

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