Using Photos of Strangers?

Started Apr 16, 2014 | Discussions thread
OP Lisetta Contributing Member • Posts: 562

Me Tarzan wrote:

This might help in answering your questions. The article is straightforward, the questions answered by viable sources..

Good article, Frank, thanks. A few highligihts

Heller:  The actual laws, which vary by state, generally state that consent is required if the manner in which the person is portrayed can be perceived as advocating or sponsoring a product, service or an idea. These factors transcend commercial activity.

PDN: When is a model release required for editorial use?
Wolff: Editorial use is a truthful use where there’s some reasonable relationship between the photograph and the subject. The story does not have to be about the photograph, there just has to be a connection. .... You can’t use an editorial photograph on a cover of a novel because there wouldn’t be a relationship between the cover and the characters in the book.

PDN: What advice do you have in regards to model releases for people shooting street photography?

Wolff: ... Because we have a very strong First Amendment in the United States, you’re allowed to take a picture of anyone you see on the street [unless you're violating some other law].

Then if you want to sell your photos, can you sell them without a release?

... The fact you make money from something doesn’t necessarily mean the ultimate use is a commercial use. .... You could also create and sell fine-art prints because photographs are an expressive work. The First Amendment of the Constitution protects freedom of expression and freedom of speech, and visual images are part of speech and they’re also an expressive work of a photographer.

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