street photography: rights to use portrait...

[deantaylor]

<p>hello</p>

<p>A beginner asks about how to secure the right to publish a photo taken of a stranger<br /> (via, e.g., a street photography outing).</p>

<p>For example, I notice an interesting subject for a monochrome photo. I ask (and receive)<br /> permission to capture their image--and then, how do you secure the right to use their<br /> image, for example, online?</p>

<p>It seems an awkward proposition--especially if it's not likely you'll meet again...what are the legal<br>

ramifications for something like the scenario I've cited?</p>

<p>thank you</p>

<p>Dean</p>

<p> </p>

[JosvanEekelen]

<p>Depends on the country in question. In the Netherlands it is not much of an issue if the person pictured is not too famous and if he/she is not pictured in a compromising situation. It is my understanding that the situation in the US is different; you need a release to publish the picture. Others will chime in with more details.</p>

[steve m smith]

<p>In most cases, you don't need the subject's permission.</p>

[deantaylor]

<p>hello</p>

<p>A turn of the screw: what if you stand to earn money on the image--i.e., someone offers to <br /> pay you for the right to duplicate your creative property (is it correct to assume that the <br /> image in question may be copyrighted?). Does a commercial duplication of the image<br /> change the scenario at all?</p>

<p>thank you both for your commentary...</p>

<p>Dean</p>

[Uhooru]

<p>If this is the U.S. you need to learn the differences between "commercial use" and deriving income from an image. Jeff Spirer is very knowledgable on these issues. It's a legal definition. Generally, if you aren't using the image for a "commercial use" such as advertising etc. You can publish it, hang it, sell prints (but not for a commercial purpose) use it as "editorial" material etc. without infringing rights. If you want to use the image as part of an add, a sales brochure, etc. you would need a model release first. There is probably thousands of candid street photos published on line daily. Look on flickr, there's about 3 1/2 million street photography forums. You can bet that every person who took a candid photo didn't chase the subject down and have them sign a release before posting the photo. In France, it might be very different though :)</p>

[steve m smith]

<blockquote>

<p> In France, it might be very different though</p>

</blockquote>

<p><br /><br />The perception is that it is different in France but when I looked into it, the reality was that it still only applied to commercial use.</p>

[john_h.1]

<p>For the U.S... Although this is a state level case it is a leading example... http://en.wikipedia.org/wiki/Nussenzweig_v._DiCorcia</p>

 

[craig_gillette]

<p>One of the interesting things is that in the US, you can use the image to sell itself and IIRC, in DiCorcia, the sales of the "catalog" were very lucrative. On a less exotic and expensive note, that allows a wedding photographer, for example, to use an on-line gallery from a wedding to offer sales to the attendees. State laws vary so use of that same image to drive customers to your business by display in a window or on-line might not be.</p>

<p>But it really does depend on local laws. </p>