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Feb 2, 2017 07:20:59   #
warzone
 
If I am photographing a scene and I capture a person's poignant moment, do I need a release from them before publishing the picture?

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Feb 2, 2017 07:37:21   #
jerryc41 Loc: Catskill Mts of NY
 
warzone wrote:
If I am photographing a scene and I capture a person's poignant moment, do I need a release from them before publishing the picture?


Ordinarily, anything you shoot while being in a public place is fair game. The exception is if it is used for commercial purposes, that it, if it's used to sell a product. In your case, since it was a formal photo session, and possibly not in a public place, I would get the release.

http://digital-photography-school.com/need-photo-release/
https://www.rocketlawyer.com/article/when-you-need-a-photo-release.rl
https://help.market.envato.com/hc/en-us/articles/202821210-When-Do-I-Need-A-Model-or-Property-Release-

Lots more info online -

https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=when+do+I+need+a+photo+release

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Feb 2, 2017 08:05:31   #
Kmgw9v Loc: Miami, Florida
 
What is a " poignant" moment"?

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Feb 2, 2017 09:39:23   #
Shellback Loc: North of Cheyenne Bottoms Wetlands - Kansas
 
Kmgw9v wrote:
What is a " poignant" moment"?

poignant
evoking a keen sense of sadness or regret.
"a poignant reminder of the passing of time"
synonyms: touching, moving, sad, affecting, pitiful, piteous, pathetic, sorrowful, mournful, wretched, miserable, distressing, heart-rending, tearjerking, plaintive, tragic
"they read aloud the poignant letters written by the victims' children"

probably a funeral

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Feb 2, 2017 10:45:13   #
warzone
 
Actually, I was at the 911 Memorial and taking photos for myself. A young man was touching one of the names on the monument and appeared to be praying. I was touched by his oblivion to the noise and crowd around him. I didn't realize how much I really liked the photo until I returned home. Hope that explains it a little more. So should I keep the photo to myself or can I share it?

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Feb 2, 2017 11:10:17   #
Shellback Loc: North of Cheyenne Bottoms Wetlands - Kansas
 
Public place - photo legal for non-commercial use - sharing is ok -
review the links Jerry posted for more legal speak...

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Feb 2, 2017 11:20:28   #
warzone
 
Thank you so much

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Feb 2, 2017 12:26:26   #
jerryc41 Loc: Catskill Mts of NY
 
Kmgw9v wrote:
What is a " poignant" moment"?


"Poignant," "coming of age," and bitter sweet" are three terms that turn me off to a movie immediately.

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Feb 2, 2017 14:40:17   #
OddJobber Loc: Portland, OR
 
Shellback wrote:
probably a funeral


There will be many poignant moments in Atlanta after Sunday's game.

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Feb 3, 2017 06:25:45   #
repleo Loc: Boston
 
OddJobber wrote:
There will be many poignant moments in Atlanta after Sunday's game.



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Feb 3, 2017 06:38:21   #
billnikon Loc: Pennsylvania/Ohio/Florida/Maui/Oregon/Vermont
 
warzone wrote:
If I am photographing a scene and I capture a person's poignant moment, do I need a release from them before publishing the picture?


If the subject was shot in a public space (in your case yes) there is no EXPECTATION of privacy so you should be OK even if you sell it. That said their are public figures that are recognizable ( they if shot in a public place you can sell them anywhere when ever you want) but a private individual even in a public place has some rights to privacy. It is and will continue to be a gray area. Now if that person is on their private property then yes, they have all kinds of rights to privacy and you would have to have their permission. When I shot for the newspapers in the 70's we needed no such written permission, but times have changed haven't they.

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Feb 3, 2017 06:45:06   #
d2b2 Loc: Catonsville, Maryland, USA
 
jerryc41 wrote:
"Poignant," "coming of age," and bitter sweet" are three terms that turn me off to a movie immediately.


"Feelings"! Don't forget "feelings"!!!

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Feb 3, 2017 07:24:56   #
jerryc41 Loc: Catskill Mts of NY
 
d2b2 wrote:
"Feelings"! Don't forget "feelings"!!!


Right - and the song of that title, too.

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Feb 3, 2017 09:15:30   #
David Kay Loc: Arlington Heights IL
 
billnikon wrote:
If the subject was shot in a public space (in your case yes) there is no EXPECTATION of privacy so you should be OK even if you sell it. That said their are public figures that are recognizable ( they if shot in a public place you can sell them anywhere when ever you want) but a private individual even in a public place has some rights to privacy. It is and will continue to be a gray area. Now if that person is on their private property then yes, they have all kinds of rights to privacy and you would have to have their permission. When I shot for the newspapers in the 70's we needed no such written permission, but times have changed haven't they.
If the subject was shot in a public space (in your... (show quote)


The key here is the first sentence, SHOULD. The minute you sell it, you need a release. You need a release if you publish the photo on social media or a website.

If the images is used as a news item in a newspaper, there is the exception. Publishing in a newspaper it is considered news and not for a gain. In any event, if you are going to display this image anywhere, safe to get a release or hope that you do not get caught. Most places that would buy the image, would require a release from any identifiable subject.

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Feb 3, 2017 10:04:20   #
mas24 Loc: Southern CA
 
Shellback wrote:
poignant
evoking a keen sense of sadness or regret.
"a poignant reminder of the passing of time"
synonyms: touching, moving, sad, affecting, pitiful, piteous, pathetic, sorrowful, mournful, wretched, miserable, distressing, heart-rending, tearjerking, plaintive, tragic
"they read aloud the poignant letters written by the victims' children"

probably a funeral


Now that is a complete definition.

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