If you photograph people, please read this!

Started Oct 4, 2012 | Discussions thread
linux99
Contributing MemberPosts: 635Gear list
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Re: If you photograph people, please read this!
In reply to 69chevy, Oct 12, 2012

69chevy wrote:

Michael Fryd wrote:

69chevy wrote:

...

Maybe there will be a law against taking pictures of the public and posting them online soon, but as of now, there isn't one.

The actual legal issues have less to do with the Internet, and more to do with usage.  The issue isn't that you are posting a photo online, the issue is why you are posting online.

Whether or not you need someone's permission to post their image online depends on the context of why you are posting it online.  If the context of the image paints the subject in a false light, then you have an issue, even if it is editorial use.  If the context of the usage is commercial use then you need permission (In this context "Commercial Use" does not have the common sense meaning - rather it's an informal term that covers those specified situations where your state requires a model release).

Generally you need someone's permission to use their likeness to advertise your photography business.  This requirement doesn't go away for online usage.

If you make money with your photography, then you run the risk that an online posting may be an advertisement for your business.  Some states have laws (or case law) that addresses this issue.  Some do not.
The question is not whether you need permission to post a legally taken picture, the question is whether you need their permission for your particular usage.

Disclaimer: this is not legal advice.  I am not an attorney.  Do not take legal advice from the web.  The above are generalities.  The specifics of a particular situation may result in a very different outcome.  Always consult an attorney for reliable legal advice.

I agree, which is why I wrote this in my original post. I don't know why everyone who argues against it doesnt read it all of the way through,

"A model release serves one and only one purpose; to protect a person from being affiliated with a product that they do not endorse. This means if the image will be used as an advertisement for a business, a model release is required. This is why it is called a “model” release."

I have never said a release is not needed for an advertisement. I also advised the person from the UK to obtain a release before using an image in a portfolio.

I have never had so many people attack me, while saying the same thing I said to start with.

The intent of this thread has been derailed, and any usefulness it once had is now clouded with uncertainties created by those who want to prove my post wrong.

Shrug.

Rethink your tone, approach and delivery. People will eventually start taking you seriously.

Come over as a ranty testosterone fueled preacher and people will take a pop.

You learned a lesson today - take in on board.

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