Photos of strangers

[karl.jahr]

Question:

I'm always intrigued to go to New York City and get a series of pictures I'd

call "The People of New York". I certainly can do this for my own enjoyment and

share it privately with friends. But when it comes to publishing it on the web

or submitting it to competitions, etc there seems to be a need to obtain a

release. This, however, is obviously impossible if I am to take pictures as

discreetly as I can without the subjects noticing they are being photographed.

Is there a way to go public without a release?

[mike dixon]

This issue has been discussed repeatedly on the Street & Documentary forum (and others).

Try a search on "street photography model release" or something similar.

[william_john_smith1]

Google" Nussenzweig v. DiCorcia" and you will have your answer. BTW, the New York courts

ruling is preeminent over photo.net forum opinions.

[craig_gillette]

You may find that some users such as a competition or other outlets may ask for releases even if it seems they don't "need" to.

 

It's probably a good idea to look to the specific circumstances of the image and the type of use/display and to check qualified sources for legal information applicable to those circumstances.

[fullmetalphotograper]

This one most basic questions in photography today. It depends on country and state you

live in. One my favorite books for photographers is "The Law (In Plain English) for

Photographers" by Leonard D. Duboff. In the U.S.A. it breaks down to two basic types of

usage, Commercial and Editorial. This is a real fine point. Editorial means you can sell it

for news use such as stories for newspapers and magazines but not for advertisements.

Commercial means selling the image for advertisements, promotions goods or services.

For example I can hang an image in a gallery for display that is considered editorial. To

make matters a little worse if the people are famous then you have to be really careful

about how the image is used. I can sell an image to a magazine but if I sell it as a poster it

is commercial again. Also you have check with the venue you are shooting at. Some real

strict rules as to how images are used. I hope this helps a little. A few months I had a

conversation with Lee Enterprises (one of the nations largest newspaper chains) Attorneys

about selling images online galleries and I can tell you what they stated.

 

That right now selling images online without releases is a grey area in the law, because

there has not been a major challenge legal yet. They believed that selling images online

was covered by the 1st amendment but, selling them online as hats, tee shirts, or mugs

was a bad idea.

 

Turning your images into book and selling them or publishing them online should be no

issue (newspapers do this daily). But entering contests in which the images could be used

for Ads could be consider commercial. When shooting, if I have a doubt about its usage I

get a release.

 

Besides it is always a good idea to talk to subjects after and during a shoot as courtesy.

Most publications want cutlines with their photos anyway.

 

So when in doubt get a release.

[spanky]

More and more these days releases are being asked for even when it isn't necessary. Basically, it boils down to lawsuits. Even if a image and what it's going to be used for is within the letter of the law, someone somewhere will try to sue and that means $$$ for having to put up a defense. For many, it's just not worth the trouble so they err on the side of safety and ask for releases.

[john_elder1]

If candid street photography is what you want to do, forget about releases. It is impossible to do candid street photography and get releases. Then, just limit your use of your street photography to an editorial use as described above. To require a release for candid street photography is to destroy the genre. Just think about it for a second. HCB,Kertesz,Erwitt,Frank,Freed,Smith,Winogrand, Friedlander,and all the other published steet photographers didn't have releases for their work. If it was required their work wouldn't exist. Simple as that.

[toreli]

my undering for puplication you you must have a relese .When i was in new york i learn to bring low grade equment some people get very up set and think nonthing to snatch your camara out of your hand and give you a nasty comment<div></div>

[toreli]

sorry for the big file new to the site<div></div>