Posting someones pictures online

[esanchez]

Ok I'm starting a website and want to post some of the pictures of people I have photographed, even some candids of people I photographed at the beach. What kind of permission do I need if any from people I have photographed or candids??

[Matt_G]

Try this

http://photography-on-the.net/forum/...ad.php?t=73103

If you plan to sell the images you need a release. Otherwise just for your gallery I dont think so.

[CobyPhoto]

If you post someones photos on the web, expecially on a website promoting your work, you better have a specific release from that individual to do so. Period. It is called CYA. This is especially true involving minor children.

CJ

[esanchez]

What if it's a candid of an older couple walking on the beach. How do I go about getting a release if I don't even know who they are since it was just a candid???

Originally Posted by CobyPhoto

If you post someones photos on the web, expecially on a website promoting your work, you better have a specific release from that individual to do so. Period. It is called CYA. This is especially true involving minor children.

CJ

[CobyPhoto]

If the are recognizable in the photo, then you best not post it unless you have their permission. Sure, it is relatively obscure they will protest or even know...but can you take that chance?

CJ

[Matt_G]

So... how do newspapers and magazines get so many pictures? They dont have a release from everyone in every picture.

[CobyPhoto]

News media and editorial use are different and do not always require a release and in those photos they don't have a release, there usually isn't a way to identify the individual. Also, being at a public place, a public event that you would reasonably expect to be photographed at gives them the ability to do so.

My comment isn't so much based on CAN I, as much as should I. If that couple doesn't like, they can cause you much grief and bad reputation. Is it worth it?

CJ

[Matt_G]

I dont agree ... if your standing in a public place taking pictures of people in public without specific reason of privacy (like bathroom) you do not need a release as long as you are not selling the images.

I dont get a release. If I was asked by someone to remove a picture I would comply. I seriously doubt someone is going to sue you before asking you to remove the image.

Try this link

http://www.asmp.org/commerce/legal/releases/

[Howard Barlow]

Originally Posted by Matt_G

Texas Aggie '00

19 or 20?

[jeffkohn]

Releases are required for commercial use. They are not required for editorial use or 'art'. If you're setting up a website to promote a photography business, that is commercial use. If you're setting up a gallery simply to display a body of work (eg, on pbase or flickr), that is not commercial.

Even selling a print or image for money is not necessarily always considered commercial use (just ask Philip-Lorca diCorcia).

[CobyPhoto]

Quite familiar with it. How long you been in the business thou? I know Photographers that have been sued by clients even after they helped PICK OUT the photos to use on his web sight.

He STILL lost that law suit. And his business. So it isn't always about the letter of the law. It is about CYA and is it worth it.

Second, if you notice, this is the business talk section and it related to Business. That is why I took the approach to answering the OP's question.

P.S. Thanks Jeff, that is what I was trying to say earlier and didn't get across. If you are using a photo on a website promoting your BUSINESS you must have a release!

[jeffkohn]

Second, if you notice, this is the business talk section and it related to Business. That is why I took the approach to answering the OP's question.

That's a good point, although I'm probably not the only one who is occasionally guilty of surfing from "New Posts" or "Today's Posts" without actually paying attention to which forum section I'm replying in. That can occasionally make for some really embarrassing posts (such as posting zoo images in a thread about "recent work" without noticing it's in the wedding forum ).

[CobyPhoto]

Very True Jeff. I had to go look and make sure it was in the Business Talk section when Matt made his point and post. LOL

[Matt_G]

Coby, your point is noted. Obviously you know more than me about this.

What if I have a contract with an organization to take pictures at an event and part of the contract states I have permission to use the images for my promotions.... do I still need individual release?

[CaptainTom]

Originally Posted by Matt_G

Coby, your point is noted. Obviously you know more than me about this.

What if I have a contract with an organization to take pictures at an event and part of the contract states I have permission to use the images for my promotions.... do I still need individual release?

I used to think that maritime law was pretty cut and dried. It is very precise in its wording. Having studied many court decisions regarding maritime cases, I have learned that you cannot predict the outcome.

The unfortunate truth is that when it comes to interpreting the law, be it copyright law or maritime law, or trademark law, etc. the judge or jury can take a decision in any direction.

My opinion: If you have a website that is promoting your photography business you should get written releases whenever possible. If you don't have a release you need to be sure that the identifiable people are not depicted in an adverse manner. i.e. they can't be shown doing something obviously stupid/illegal/etc. and the image cannot be manipulated. Websites fall in the crack between full blown commercial advertising and artistic display.
If you are asked to remove a photo by someone who is visible in a photo, you probably should do it immediately to avoid legal problems. It would be up to the complainant to prove damages, and to prove that you profited from the use of their image.
Anyone can bring suit against anyone else. That is a whole new topic of discussion which I suggest we don't get into on this forum.

Now that I've mucked up the water, I'll answer the question. No ! You don't need individual releases as long as you act in good faith. The opposing argument is : Yes ! You need individual releases because a blanket release doesn't CYA.

Live a little loose. Or, spend you whole life worrying about someone suing you.

That is my final answer ! No deal ! Case number 15 Howie !