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Photography Question 
Heather  M. Wareham
BetterPhoto Member Since: 1/20/2007
 

PEOPLE YOU DON'T KNOW


This might be a silly Q but here it goes. I have seen alot of pictures of different people from all over the world. My Q is can you get in trouble for posting there pictures on a web site with out having the promission.


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2/12/2007 4:33:16 AM

 
Ariel Lepor
BetterPhoto Member Since: 9/8/2005
  Yes. You should have a model release form, otherwise you could run into trouble. From BP's Terms and Conditions:
"Uploader acknowledges that they have sufficient written permission of any recognizable models or other persons appearing in the photograph to be able to grant to BetterPhoto.com the right to publish their photographic submission online, and hereby grant to BetterPhoto.com such right."

If you sell pictures of people, you also have to get the release form.


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2/12/2007 12:23:10 PM

 
Ariel Lepor
BetterPhoto Member Since: 9/8/2005
  P.S. You won't necessarily get into trouble, by the way. Only if somebody sees themself online or somewhere in one of your pictures when they don't want you to, will you possibly get into trouble. Even then, the chances are not so high.


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2/12/2007 12:25:44 PM

 
Heather  M. Wareham
BetterPhoto Member Since: 1/20/2007
  Thank Ariel
You all ways help me. Ya I was just wondering becuase my sister went on vacation and took picture of people there. She wanted me to add her pictures to my web page which is like a photo album. Of family and friends and trips stuff like that.
Thanks again


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2/12/2007 1:05:55 PM

 
Ariel Lepor
BetterPhoto Member Since: 9/8/2005
  There are probably online web albums you can get for free like shutterfly or kodak. I really doubt people who happen to see their pictures in a web album with pictures you are not selling will try to take any legal action or anything.


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2/12/2007 1:35:36 PM

 
Gorham P. Miscall   Generally speaking, people in public places are fair game as long as there is not a resonable expectation of privacy, such as a dressing room, bathroom, etc. Such photos generally can not be used commercially without the risk of a lawsuit by the subject.

There is a wonderful one page document at www.krages.com under Photography/Art that outlines photographer's rights.


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2/12/2007 4:43:06 PM

 
W.    "can you get in trouble for posting there pictures on a web site with out having the promission."

In real life that only REALLY happens in the USA...

The rest of the world have a more relaxed gluteus maximus.


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2/12/2007 5:04:27 PM

 
Craig m. Zacarelli
BetterPhoto Member Since: 2/3/2005
  i just read an interview with a photographer/lawyer about this.. there was a recent case where someone was selling prints off a site of street photography and was sued by someone who was in a photo there.... it was thrown out of court! And is a really great decsion as far as we photographers are concerned.. she (the Lawyer) goes on to say you DONT need a release for every person you shoot..esp in street photography.... unless its going to be used in Advertising. At least that is how I remember reading it. It was in this months Outdoor Photographer I believe.. ill check and post back here.


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2/14/2007 5:51:14 AM

 
Raymond H. Kemp
BetterPhoto Member Since: 4/2/2004
  You might be thinking of a New York street photographer named diCorcia, which in February 2006 the New York Supreme Court ruled in his favor over the use of a photograph of an Orthodox Jew. Basically he took the photograph of Emo Nussenzweig while he was walking down a New York street and sold 10 or so copies anywhere from $20,000 to $30,000 each. He was later sued by Nuessenwieg claiming is privacy and religious rights were violated when the photo was taken and published.

Bottom line, the NY Supreme Court ruled the street photo Nuessenwieg was art not commerce.

Ray


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2/14/2007 1:37:09 PM

 
Who Me? 
BetterPhoto Member Since: 1/19/2007
  Thats why I photograph my shots off my screen with my 200mm from the street.

Think outside the bun


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2/14/2007 10:03:04 PM

 
good bye    do I need a model release from a dogs owner if he wasn't on a leash. Could I just say I thought it was a stray dog?


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2/16/2007 10:58:20 AM

 
Raymond H. Kemp
BetterPhoto Member Since: 4/2/2004
  You can't be serious??


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2/16/2007 11:09:52 AM

 
good bye    well, it was an area at the park where it is posted that dogs must be on a leash. So I thought maybe it was fair game since they broke the law.


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2/16/2007 11:50:37 AM

 
Raymond H. Kemp
BetterPhoto Member Since: 4/2/2004
  I see. Well before I respond, it would help to know what you will be using the images for?

Ray


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2/16/2007 12:07:57 PM

 
good bye    I want to make a BOW-WOW calender to sell to my neighbors and whoever else will buy them. I get alot of pictures from down at the park, because those are the prettiest dogs. The people near the end of the day, when hardley anyone is around let them run and that is how I've gotten my shots. My dad gave me the tip of keeping doggie treats in my pockets so the dogs smell them and hang around me so I get lots of close-up pictures. So far I have 8 winners, but as you know I need four more by the end of summer so I can finish in time before people buy next years calender.
Thanks for response


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2/16/2007 12:25:20 PM

 
Heather  M. Wareham
BetterPhoto Member Since: 1/20/2007
 
 
 
Carolyn
I will let you use one of my photo's of my dog If I get a free calander.


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2/16/2007 1:18:25 PM

 
Heather  M. Wareham
BetterPhoto Member Since: 1/20/2007
 
 
 
Carolyn
I will let you use one of my photo's of my dog If I get a free calander.


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2/16/2007 1:19:52 PM

 
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