Using Photos of Strangers?

Started Apr 16, 2014 | Discussions thread
Ralph McKenzie Senior Member • Posts: 2,042
Re: Using Photos of Strangers?

Me Tarzan wrote:

Ralph, just to clarify, this applies when the image intends to be SOLD, and I assure you that copyright infringement is no laughing matter. You can take pictures of a copyrighted item all day long [most of the time]. You just can't sell the image which contains a copyrighted 'piece' w/o a release.

I took a quick glance at basic New Zealand Copyright Law and it appears that your country's guidelines are close to ours:

I'm familiar with the document. And its pretty standard and similar to international copyright.

However there is a clear distinction between what the OP originally was asking and copyright.

Copyright gives the photographer ownership of the work regardless of intent. The image in the first instance will be the property of the person who took it.

However, when a work is commissioned there are certain guidelines regarding the usage/moral/legal requirements of the work.

Images taken in the public domain are basically able to be used in any manner the owner likes. They can be displayed in a gallery or in any other media, sold or prints sold as the image was taken in a public arena. Now the photographer should also exercise some ethical and moral thinking in certain circumstances, but that is for the photographer to decide.

To clarify again, when you're using a copyrighted piece [goods, creative works such as a poem, a person, etc.] in a photograph, most of the time you'll need a release if you intend to again, SELL the image. There are certain exclusions.

I would agree with this in principle, and as you say there are certain exclusions.

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