BetterPhoto Q&A
Category: New Answers

laws about people photographs...

I'm not quite sure what category this really falls under, or if I even have a valid concern...

I'm wondering if there's any kind of crazy laws about PEOPLE photographs that I should know about before I print out some images for sale/websites...

More specifically, I've travelled abroad and have some nice candids of kids etc in south america, things of that nature, and also native americans while I was driving through wyoming (they were performing a dance and they even said they'd be happy for people to take their pictures... details, anyway...)

for some reason I feel hesitant about using them for anything other than personal works... someone once told me you need "legal permission" to print/use photos of people... i'm not quite sure what to think?

Any ideas ? thanks friends...

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April 05, 2006

As well you should. The basic rule is that if you publish an image or likeness of someone, you need that individual or the parent in the case of of a minor child (less than age 18 years), to sign a release authorizing you to do that. "Publish" means to reproduce in any medium, electronic or in print, which includes posting on web sites whether the image is for sale or not. Merely hanging someone's photo on a web site, without their express written consent can lead you into very shallow water.

And, while a release won't prevent you from being sued for say invasion of privacy or defamation, it's the first line of defense in such cases and will often serve as a basis for getting the case against you dismissed in the early stages of litigation.

In addition, you should know that if you decide to offer the images you mentioned for stock photographey, any publisher is going to ask you to sign a contract for usage which includes your express assertion that the image(s) have been properly "released" for publication and that in essence, you agree to defend the publisher from any and all claims to the contrary.

For starters, as any photographer entering the realm of commercial endeavor, for example selling prints, you need to become familiar with your rights and potential liabilities. You can begin to do that by reading a book or two on the subject of the law and photographers, including a good one by a lawyer named Bert Krages.

One last point: An image doesn't need to be used for commercial purposes nor does it have to be defamatory, per se, for it to be actionable under the privacy laws. Internationally, those same laws may be codified as treatises between the U.S. and foreign countries such as....Argentina, Bolivia, Mexico, etc. So, don't be lulled into thinking that because you took someone's photo in Buenos Aires, they can't sue you for defamation in federal court in Wyoming. If someone or a friend or a relative of someone sees an image of themselves posted on a website and you don't have a release, yep, you could go on the hook for it.

Good luck.
Mark
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It's a small world but I'd hate to have to paint it. ;>)

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April 05, 2006

so as far as these release forms go... are they something you just type up yourself?

i'm assuming that if you can't see someone's face then all this is totally invalid, right? (as in, shilouettes, or from the side/back or just one part like feet or hands...)

thanks for your helo so far :)

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April 05, 2006

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April 05, 2006