kinda sorta legal question

[HeIsLegend]

Just a question I was wondering about.

Lets say..

A photographer were to take a picture of you in a public place such as a night club (the pic doesn't contain any nudity or anything profane but just a simple upper body shot) and then proceeds to post it on a public HSOforum with their HSOforum logo stamped on it. With having no verbal or written consent to approve of this.

Is this considered unlawful? If so what would this be classified as?

[Surface Tension]

Sorta like Paris Hilton dancing on table tops?

Good question.

[Steve Foss]

If I capture an image of a recognizeable person and sell it to a newspaper or magazine, I don't need a release, because these so-called "editorial" uses have greater protection under the law.

If I post it on a Web site with my name/copyright/Web site on it, that means it's at least partly to promote my photography business. In that case it falls into the "for profit" category. If the person is recognizeable, I'd have to get a signed release from that person protecting me from being sued, because if I'm going to profit from an image of some other person, the law also protects their right to share that profit.

I carry these releases around in my camera bag wherever I go for just such an occasion.

[minneman]

Quote:

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If the person is recognizeable

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I assume you mean "in focus" rather than a "celebrity type"?

also, what defines profit? if your face is put on a web page and you dont want it to be, what then?

[Steve Foss]

Quote:

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Quote:

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If the person is recognizeable

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I assume you mean "in focus" rather than a "celebrity type"?

also, what defines profit? if your face is put on a web page and you dont want it to be, what then?

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Yes, recognizeable means there are enough elements in the photograph so a person can be recognized.

I define profit loosely. Not sure how the courts would define it. As to your last question, I don't know what recourse there is.

[Surface Tension]

'if your face is put on a web page and you dont want it to be, what then? '

I would call or email that web site and ask that they take my picture be taken off the web page. I'm sure any reasonable Site Administrators would grant that request.

[DinkADunk]

It doesn't mater if the picture is for profit or not. They need to have a model release form signed for everyone in the shot. Tell the HSOforum to take the picture down or produce a model release form immediately. If they don't then get a cease and desist order from a court and sue their (Contact Us Please) off.

[Whoaru99]

Hmmm... interesting question.

I always assumed if you were Joe Sixpack in a public place, it's tough luck if your picture gets taken and posted on a HSOforum. As long as, for instance, they're not using your image to sell something.

What about all the Paparrazi? They get releases for all those pictures that go in National Enquirer, et al?

[JollyT]

As Steve stated, journalism has different rules. If it is a newsworthy event there are additional protections. 1st amendment stuff. Yellow journalism is still journalism, even if it gives the rext a bad name.

[Papa Woodie]

if you are in a public place (bar, library etc....) your picture is public property.