Do I need a model release?
Oct 31, 2020 11:46:28 #
Oct 31, 2020 15:30:19 #
For Christmas last year one of my sons gifted me with the 4th Edition of "Legal Handbook for Photographers, the rights and Responsibilities of Making and Selling Images", a very informative and helpful guide to what photographers should know when taking photographs. The edition was copyrighted in 2017 but should still be applicable in most instances. There is a section on model releases and related use of publicly photographing people.
Oct 31, 2020 16:10:13 #
cedymock wrote:
Did you click on her name to see she has a total of 66 people following her tweet?
This topic is for model release discussions.
I will only discuss NY law on this link.
https://www.uglyhedgehog.com/t-671242-1.html
Oct 31, 2020 19:35:49 #
Bigmike1
Loc: I am from Gaffney, S.C. but live in Utah.
Just blur out his face. That will solve the problem.
Nov 1, 2020 08:06:31 #
spraguead
Loc: Boston, MA
If you are a hobbyist, don't worry about it.
If you are a pro, of any degree, you need to know the rules and don't count on learning them here.
If you are a pro, of any degree, you need to know the rules and don't count on learning them here.
Nov 1, 2020 12:12:33 #
Los-Angeles-Shooter
Loc: Los Angeles
This thread must set a record for misinformation, legally dangerous misinformation, and general cluelessness. Even some of the more informed commenters still get much of their 'info' wrong. One cogent point I'll mention is that 'right of publicity' (the primary law at issue here) varies widely from state to state, and some states don't even have such laws. UHHs interested in this field can start with CA Civil Code section 3344, and the similar law in NY State. Most of the other states' laws in this area are largely copied from those of CA and NY.
Nov 1, 2020 13:11:23 #
Nov 1, 2020 17:16:40 #
Rational1 wrote:
From an Attorney: https://improvephotography.com/48423/model-release/
Thanks. Seems very useful and straightforward, particularly for my artistic use.
Nov 1, 2020 20:53:26 #
Gasman57 wrote:
Good luck with that law passing.
Right. And this would require that every security camera, private and public, would need to obtain the perps' "permission" before they break into the liquor store?
Nov 2, 2020 12:12:49 #
pdsilen
Loc: Roswell, New Mexico
cbtsam wrote:
Back in July of 2007, I took a picture of another museum goer as he approached me between two gigantic steel panels of a Richard Serra sculpture at the Museum of Modern Art in New York City. I guess it was sort of street photography, but he's the only person in the picture. Could I get into any legal trouble if I put this image on flickr without even knowing his name?
Due to multiple answers to your post, this is what I would suggest. New York has laws on there books that probably go back to the days when New York was a Dutch colony. I thing that the best way to deal this this situation or any other similar situations that might arise in the future it would probably be a good idea to contact a lawyer if for no other reason to have peace of mind.
Nov 2, 2020 14:57:50 #
Nov 2, 2020 18:34:53 #
Los-Angeles-Shooter
Loc: Los Angeles
Rational1 wrote:
From an Attorney: https://improvephotography.com/48423/model-release/
Some attorney! Plenty of misinformation and outright errors. The following, for example, includes some real howlers. The first sentence is outright wrong. The second sentence is misleading and largely wrong.
...Generally, a model release is only required if the way the photo is published makes it seem that the person in the photo endorses the product, service, or organization. ... A model release is not needed for publishing the photo as news, or for artistic or editorial expression.
Nov 2, 2020 19:14:00 #
Bill_de wrote:
Where did you read that? I tried Google but couldn't find anything.
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Here it is. It's not going anywhere. https://www.diyphotography.net/this-article-sparks-outrage-after-calling-street-photography-gender-based-violence/
Nov 3, 2020 07:10:26 #
cbtsam wrote:
Back in July of 2007, I took a picture of another museum goer as he approached me between two gigantic steel panels of a Richard Serra sculpture at the Museum of Modern Art in New York City. I guess it was sort of street photography, but he's the only person in the picture. Could I get into any legal trouble if I put this image on flickr without even knowing his name?
Doesn't PS have the ability to solve your problem?
Nov 3, 2020 11:57:31 #
traderjohn wrote:
Doesn't PS have the ability to solve your problem?
Sure, John, but I do want the person to look like a person. Odd preference, I'm sure, but that's just me! ;-)
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