sawyer_lt Posted January 22, 2017 Share Posted January 22, 2017 <p>I am getting ready to sell my first prints of some photos I took at a public event in town, some (but very few) of which are portraits of strangers. Can I (legally) sell photos of someone I don't know / who doesn't know me? It may just be that the portraits are included in a collage of photos, but I'd like to sell them individually if I am able to. <br /> The event was very packed and moving fast, so I couldn't stop these people to ask them this question specifically. Most of my photos were very spur-of-the-moment; I didn't even look at them until I got home later that day. <br /> Thanks for the help!</p> Link to comment Share on other sites More sharing options...
zane1664879013 Posted January 23, 2017 Share Posted January 23, 2017 <p>Assuming you're in the USA - you need a signed release if the person is recognizable.</p> Link to comment Share on other sites More sharing options...
vincent_peri Posted January 23, 2017 Share Posted January 23, 2017 <p>Not Always. See:<br> https://www.rocketlawyer.com/article/when-you-need-a-photo-release.rl</p> Link to comment Share on other sites More sharing options...
zane1664879013 Posted January 23, 2017 Share Posted January 23, 2017 <p>From the OP's description, it seems clear the intent is commercial use of the image(s), not editorial use.</p> Link to comment Share on other sites More sharing options...
Spearhead Posted January 23, 2017 Share Posted January 23, 2017 <p>Print sales are not considered commercial use. This has been upheld even in fairly high profile cases like Nussenzweig vs DiCorcia. Any issue you could have would be due to rights of privacy, which vary by state. Despite the variance, all the state regulations are pretty similar and say you can't invade someone's privacy (which does not apply to public spaces), you can't disclose private facts, which doesn't usually apply to photography, and you can't portray people in "false light." The last is generally tied to captioning. Maybe you have someone photographed outside a porn shop while they stopped to take a call and captioned it "on the way into a porn shop." Commercial appropriation is usually included, but that applies to use of the photo to sell a product.</p> <p>In other words, you don't need a release based on what most state laws specify. And it definitely is NOT commercial usage.</p> 1 Music and Portraits Blog: Life in Portugal Link to comment Share on other sites More sharing options...
Ian Taylor Posted February 15, 2017 Share Posted February 15, 2017 McCurry never gets releases. Link to comment Share on other sites More sharing options...
jphotog Posted March 30, 2017 Share Posted March 30, 2017 Photographs taken in public may be printed and sold. You can also use the images for editorial purposes, for example in a book or selling them to a newspaper to be used in an article. You may not sell them or use them commercially. This usually means advertising. Link to comment Share on other sites More sharing options...
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now