Posting candid shots

13 years 2 months ago #26363 by Summertime
Are there any U.S. laws or even "unwritten rules" regarding posting images of people on the internet (like this forum for instance) if you don't have their explicit permission to do so and you don't even know how to contact them for it?


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13 years 2 months ago #26364 by Wood
I do not think there is any law, but I am not sure. Maybe someone else on this board knows the answer.


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13 years 2 months ago #26367 by Summertime
Thank you.


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13 years 2 months ago #26525 by Stealthy Ninja
Not sure on the exact laws in the U.S. but I think because it's a public place and it's for "editorial" purposes it comes under "fair use".

You'd need to research this properly, but people post street photography all the time and it's fine. I know in Australia (and I assume other places) if people are photographed in a public place, then basically the photographer can do what they like with the photo.

Think about the paparazzi they're posting (often unflattering) pictures of (sue happy) celebraties all the time. Sure that's for magazines and comes under fair use, but I'd think if it were illegal the celebs would sue them left, right and centre.

In conclusion... don't worry about it, just post. ;)
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13 years 2 months ago #26638 by Summertime
Thanks Stealthy. That's good to know. :)


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13 years 2 months ago #26641 by Baydream

Stealthy Ninja wrote: Not sure on the exact laws in the U.S. but I think because it's a public place and it's for "editorial" purposes it comes under "fair use".

You'd need to research this properly, but people post street photography all the time and it's fine. I know in Australia (and I assume other places) if people are photographed in a public place, then basically the photographer can do what they like with the photo.

Think about the paparazzi they're posting (often unflattering) pictures of (sue happy) celebraties all the time. Sure that's for magazines and comes under fair use, but I'd think if it were illegal the celebs would sue them left, right and centre.

In conclusion... don't worry about it, just post. ;)

:goodpost: In a public place, you have no expectation of privacy. These shots CAN NOT be used for commercial purposes without a Release (see other posts on this).

Shoot, learn and share. It will make you a better photographer.
fineartamerica.com/profiles/john-g-schickler.html?tab=artwork

Photo Comments
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13 years 2 months ago #26665 by Monitor Boy

Baydream wrote: In a public place, you have no expectation of privacy. These shots CAN NOT be used for commercial purposes without a Release (see other posts on this).


Well now I am a little confused. I mean I always shot candids in public. In public if one has no expectation to privacy to the point that we can post the images online, then how is that any different as to if we were to sell the images without a release.

I know one is selling and one is not selling.

But IMO, if it's ok to take a picture in the public and post it online. Then it should be ok to take a picture in the public and sell it.


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13 years 2 months ago #26681 by Screamin Scott
If you ever try to sell an image to a stock house without a release, they won't accept it....Most any publisher that you would submit a photo with a recognisible person is going to request a model release...Newspapers may or may not, depending on the image...

Scott Ditzel Photography

www.flickr.com/photos/screaminscott/

Photo Comments
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13 years 2 months ago #26708 by Monitor Boy

Screamin Scott wrote: If you ever try to sell an image to a stock house without a release, they won't accept it....Most any publisher that you would submit a photo with a recognisible person is going to request a model release...Newspapers may or may not, depending on the image...


Oh OK.


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13 years 2 months ago #26746 by Joves
Baydream and Scott have it right. Newspapers are really the only exception to the rule of having, to have a release. Anything considered commercial is a definite NO! You can put them up on the net anytime you want but, then there are potential problem areas, like if the photos are compromising that could get you in trouble. But generally you can post your shots. Also public stricttly means areas which are commonly owned by the public, parks, streets and such. Stores, malls and other buildings and their parking areas are considered private property with public access. Though if you can see the shot from say a sidewalk or street then you can shoot it.


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13 years 2 months ago #26994 by Stealthy Ninja

Joves wrote: Baydream and Scott have it right. Newspapers are really the only exception to the rule of having, to have a release.


Because they can use any picture for "Editorial reasons" and it comes under fair use. It's not just newspapers but blogs etc. can do this too.
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