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Photography Question 
Jyan L. Crayton

Pictures/ rights/ Please respond

I have a frien who father was photographed in his indian costume and now it's posted in the new orleans arena. DO he have any rights are say so about this. How does rights go when photographing someone and then using the image without their permission. Can I go out and photograph someone and then use the photo at my preference?


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2/22/2005 11:26:40 AM

Jared    Did the person who took the photo ask your friend's father to sign a model release? If not, and if it has been published in any form, the photographer may be in conflict with the law. You can take all the pictures you want of this or that, but once you sell the image a model release is necessary, at least in my experience. Call the magazine, newspaper, ad agency and ask if the photographer provided one.

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2/22/2005 12:10:00 PM

Jon Close
BetterPhoto Member Since: 5/18/2000
  The best answer is to contact an attorney versed in copyright law.

It depends on the nature of the internet posting. If is simply on a personal website with no commercial content (not selling anything), or if the man was photographed at a public event (parade, show, etc.) and the photo simply documents that event, then the photo owner probably has a "fair use" right to display it.

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2/22/2005 12:53:47 PM

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