Selling street shots

[jay_lang]

Hi

 

Would anyone know the law in relation to selling street shots as fine art

prints? I'm thinking about the shots which include people, where their faces are

visible. Especially ones where the person is the main focus of the photo.

 

I'm based in the UK.

[jeffpolaski]

Talk to a solicitor, and keep your day job.

[joe_gallo]

In the USA, where everyone is free and the streets are paved with gold, as long as you don't use the pictures to advertise certain types of detergent (or foot powder) it's legal. Although street shots are seldom looked upon as Fine Art, best of luck to you. Why not check in with some of England's street photographers and see what they have to say? Or you can check in with a photo gallery...

 

I agree with Jeff, about the solicitor... A while back there were a few threads that had to do with London police cracking down on street photographers... Whether you exercise them or not, it's always good to know your rights.

 

Good luck, Jay.

[neilambrose]

<p>Jay - nothing to worry about. There's no requirement for model releases for anything that was shot in public and that is sold for fine-art. You don't even need permission from your subject - i.e. even if they were to object, you'd still be within your rights to sell the image if you wished.</p>

 

<p>In the UK releases are required only for photographs made on private property or featuring identifiable people where the image is to be used in a commercial context such as advertising.</p>

[jay_lang]

Hi Guys

 

Thanks for the answers. I guess the term fine art is maybe wrong here, but want to sell prints of my street work. Such a tricky thing the law.

[neilambrose]

<p>It doesn't have to be good art :-) </p>

[michael s.]

No problem at all with the term "fine art," Jay.

 

If you put your street shots up for sale, but there are no buyers, or there are buyers but only at modest prices, then you have "art."

 

If the photos sell at outrageous prices, then you have "fine art." :-)

 

To answer more seriously, the terms "art" or "fine art" are used not from a critic's perspective, but rather to distinguish what you intend to do from the sale of photos for "commercial purposes" or for "trade." In the U.S., for example, if your photo of a couple getting out of a car were used to market that car, or the clothing they wore, or to market anything else for that matter, that would be for a "commercial" purpose and you would need releases.

 

One other thing in the U.S. (cannot speak to the U.K.) that might be relevant. Here we also have the issue of "false light." An example: Your photo of someone strolling near an area with, say, a reputation for unlawful drug activity bearing a caption such as "Strolling in drug alley" would be problematic, because it would suggest that your subject was himself engaged in unlawful activity. If untrue, that could spell big trouble$ here. Again I cannot speak about the state of the law in the U.K. on this question.

 

In the U.S., the other consideration as to the photo -- in addition to it being taken in a public place -- is that it's also a place where there is no reasonable expectation of privacy. That means a different rule applies to the street than, say, a public restroom -- as certainly should be the case.