 Robert F. Walker |
Selling Photos Online I want to upload photos to a online fulfillment service web site at which I have my own web page provided to me for free, although they receive a % of my profit on any photos I sell at my web site online. What are the legal aspects to me as far as selling photos taken in public places, of public local events, of non-professional people. Example: Amature sporting events, parades, etc.
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Mark Feldstein |
This issue has been covered many times here. If you're going to do this work for profit, and it clearly appears you are, then you need to read up on all the practices that may apply to your business endeavor, including the model release laws. Generally (and I mean very generally), people have a right to both privacy and to control how images of them are used including for published commercially for any profit(electronically or in print)purposes. If the people are recognizable in your images and you sell them, in all states that I know of, you're required to have a release. That's particularly so since the work is not editorial nor produced and published for a news organization. The mere fact an event invites the public to attend, unfortunately doesn't automatically grant someone the license to photograph attendees and publish their likeness for intended profit. In fact Robert, stock agencies (legitimate stock agencies) will have you sign documentation that gets them off the legal hook and specifically stating that the photographer has gottten releases for all people and/or properties depicted in their work where such releases are required. If you roll the dice and publish without a release and someone you photograph or someone they know spots the work, you could find yourself defending a lawsuit for invasion or privacy, or misappropriation of a likeness even if there is no text accompanying the image.
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Paul Hakimata |
Hi Robert, For selling images online through an agency you'd have to go through a stock agency, like Dreamstime.com for example. Regarding what's legal or not: Public places are always legal to photograph. Just make sure all logos are cloned out of the images, since these are copyrighted (e.g. You take a photo of a Ford car. The design of the car is not copyrighted, but the little Ford logo is, so that has to be cloned out). Reviewers pay very detailed attention to this. In case people are visible in the photos, when they are unrecognizable they need to have signed a Model-Release before you are allowed to sell the image. Normally stock agencies, like Dreamstime.com have a pretty good support and help you with the necessary forms and info. The good thing is that the stock agencies will protect your work, and you can use their lawyers for free if someone abuses your images when bought from them. I hope this answers your question. Paul.
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