Comments on: Asking Permission to Photograph People http://www.digital-photography-school.com/asking-permission-to-photography-people Discover how to use your digital camera with our Digital Photography Tips. We are a community of photographers of all experience levels who come together to learn, share and grow in our understanding of photography. Tue, 14 Feb 2012 05:12:20 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Dan Scheirer http://www.digital-photography-school.com/asking-permission-to-photography-people/comment-page-2#comment-225085 Dan Scheirer Tue, 15 Nov 2011 21:30:17 +0000 http://digital-photography-school.com/blog/?p=120#comment-225085 Al, this is where there is a lot of confusion. You do not need a model release simply to sell prints of people. Simply selling a photo of someone is not considered commercial use. Commercial in this sense does not refer to the fact that you are making money from a photo, it refers to the licensing of an image for use in advertising a commercial product, business, industry. A model release is designed to gain permission from a subject to use their likeness to promote something, depending on the terms of the release, whether they actually like or agree with what is being advertised. People own the right to how their likeness is portrayed, so in general, taking a photo of somebody doing something that they actually did, portraying reality, is considered editorial, even if you sell the image. But you cannot sell the image of someone to an advertising company who will use the photo you took of them, say, drinking a can of Pepsi, to advertise Pepsi unless the subject is aware and has agree to having their image used to promote commercial products, such as Pepsi, or yeast infection cream. You can see why people are sensitive and why there are laws governing how you can use a strangers image. You wouldn't want to be seen promoting some sleazy nightclub if you had not agreed to it or somebody misused your photo to imply or portray you promoting it. That is what commercial use means and that is when you need to be careful. Normally you don't have to worry about candid shots as long as you are selling te photo strictly for personal use and for its artistic merit alone. This applies to the USA because, I cannot speak to other countries. Exception include certain circumstances involving Division 1 NCAA and Pro Sports, but ofte you can even sell those too, but you might be risking you access to events if you shoot with a media pass that is issued by the school or team, which likes to retain the profits from its athletes photos, even though there is no state or federal law that allows them to prevent you from selling images from a sporting event. However it is always better to ere on the side of caution and not burn any bridges. For travel/candid photos, just don't advertise anything and you should be fine. Again this applies to the US only and public spaces. Al, this is where there is a lot of confusion. You do not need a model release simply to sell prints of people. Simply selling a photo of someone is not considered commercial use. Commercial in this sense does not refer to the fact that you are making money from a photo, it refers to the licensing of an image for use in advertising a commercial product, business, industry. A model release is designed to gain permission from a subject to use their likeness to promote something, depending on the terms of the release, whether they actually like or agree with what is being advertised. People own the right to how their likeness is portrayed, so in general, taking a photo of somebody doing something that they actually did, portraying reality, is considered editorial, even if you sell the image. But you cannot sell the image of someone to an advertising company who will use the photo you took of them, say, drinking a can of Pepsi, to advertise Pepsi unless the subject is aware and has agree to having their image used to promote commercial products, such as Pepsi, or yeast infection cream. You can see why people are sensitive and why there are laws governing how you can use a strangers image. You wouldn’t want to be seen promoting some sleazy nightclub if you had not agreed to it or somebody misused your photo to imply or portray you promoting it. That is what commercial use means and that is when you need to be careful. Normally you don’t have to worry about candid shots as long as you are selling te photo strictly for personal use and for its artistic merit alone. This applies to the USA because, I cannot speak to other countries. Exception include certain circumstances involving Division 1 NCAA and Pro Sports, but ofte you can even sell those too, but you might be risking you access to events if you shoot with a media pass that is issued by the school or team, which likes to retain the profits from its athletes photos, even though there is no state or federal law that allows them to prevent you from selling images from a sporting event. However it is always better to ere on the side of caution and not burn any bridges. For travel/candid photos, just don’t advertise anything and you should be fine. Again this applies to the US only and public spaces.

]]> By: Al Christenson http://www.digital-photography-school.com/asking-permission-to-photography-people/comment-page-2#comment-224747 Al Christenson Tue, 15 Nov 2011 03:11:11 +0000 http://digital-photography-school.com/blog/?p=120#comment-224747 Nice article, but I still had a question at the end: when you get back from traveling and want to post or sell your pictures, aren't you going to be asked for model releases on all the people photographed? Do you get model releases on people in foreign countries? Many may not even speak English, let alone understand the detail of rights given in a model release ...??? Nice article, but I still had a question at the end: when you get back from traveling and want to post or sell your pictures, aren’t you going to be asked for model releases on all the people photographed? Do you get model releases on people in foreign countries? Many may not even speak English, let alone understand the detail of rights given in a model release …???

]]> By: kris http://www.digital-photography-school.com/asking-permission-to-photography-people/comment-page-2#comment-172357 kris Mon, 25 Apr 2011 19:33:46 +0000 http://digital-photography-school.com/blog/?p=120#comment-172357 There are some people who just seem to get their butt in a bind over having their picture taken. Cameras are everywhere, grocery, drug store, ATMs, etc. - so you know just by existing you are having your picture taken. I am not sure how it started, but it seems the more cameras/videos out there the more paranoid people become. Perhaps it's the personal photos that lend themselves to mischievous deeds. I know someone who, upon just seeing that I have a camera, will tell me outright that I cannot take their picture without their signed permission. I wouldn't have taken a picture of them anyway - there is much better subject material around - but I found it to be startling. There are some people who just seem to get their butt in a bind over having their picture taken. Cameras are everywhere, grocery, drug store, ATMs, etc. – so you know just by existing you are having your picture taken. I am not sure how it started, but it seems the more cameras/videos out there the more paranoid people become. Perhaps it’s the personal photos that lend themselves to mischievous deeds. I know someone who, upon just seeing that I have a camera, will tell me outright that I cannot take their picture without their signed permission. I wouldn’t have taken a picture of them anyway – there is much better subject material around – but I found it to be startling.

]]> By: gart http://www.digital-photography-school.com/asking-permission-to-photography-people/comment-page-2#comment-172355 gart Mon, 25 Apr 2011 19:05:46 +0000 http://digital-photography-school.com/blog/?p=120#comment-172355 Hi ! And what about the U.S. ? Is it appropriate to make a picture of someone without his permission ? Actually I took a picture of a parent who lives in the US, without his permission. I wanted to have something spontaneous, not posing, not smiling at the camera or anything, and as it was a parent and not a complete stranger I thought it was correct. I showed him the picture later and he was quite offended and erased the pictures from my camera. I'd like to know what people usually think about that in the US. Are there "strict rules" about that ? Hi ! And what about the U.S. ? Is it appropriate to make a picture of someone without his permission ? Actually I took a picture of a parent who lives in the US, without his permission. I wanted to have something spontaneous, not posing, not smiling at the camera or anything, and as it was a parent and not a complete stranger I thought it was correct. I showed him the picture later and he was quite offended and erased the pictures from my camera. I’d like to know what people usually think about that in the US. Are there “strict rules” about that ?

]]> By: Kim Dove http://www.digital-photography-school.com/asking-permission-to-photography-people/comment-page-2#comment-160389 Kim Dove Tue, 01 Mar 2011 22:03:52 +0000 http://digital-photography-school.com/blog/?p=120#comment-160389 Hi A few years ago, I asked about getting permission to photograph people for my book(a visual historic journal of my town). Just an update, apparently (in Australia) you don't need permission to photograph people on the street (a street scene). I did however retrace my steps and got written permission of everyone I photographed for my last book, and felt happier about the fact that I covered myself and family in the future of any law suits, or trauma. I have started on the next book and carry around a form for people to sign. When I explain I can't use their photo in the next book they are happy to sign. Kim Dove Hi A few years ago, I asked about getting permission to photograph people for my book(a visual historic journal of my town). Just an update, apparently (in Australia) you don’t need permission to photograph people on the street (a street scene). I did however retrace my steps and got written permission of everyone I photographed for my last book, and felt happier about the fact that I covered myself and family in the future of any law suits, or trauma. I have started on the next book and carry around a form for people to sign. When I explain I can’t use their photo in the next book they are happy to sign. Kim Dove

]]> By: Dan http://www.digital-photography-school.com/asking-permission-to-photography-people/comment-page-2#comment-157854 Dan Sat, 19 Feb 2011 18:22:31 +0000 http://digital-photography-school.com/blog/?p=120#comment-157854 Oh, and my apologies for not adding that I am writing from the US. I realize and appreciate that this is an international community and that laws and understanding may differ depending on country and location. Oh, and my apologies for not adding that I am writing from the US. I realize and appreciate that this is an international community and that laws and understanding may differ depending on country and location.

]]> By: Dan http://www.digital-photography-school.com/asking-permission-to-photography-people/comment-page-2#comment-157852 Dan Sat, 19 Feb 2011 18:16:28 +0000 http://digital-photography-school.com/blog/?p=120#comment-157852 L.C. I have heard contradicting info concerning the legality of "for profit" photos. I have been told that people often confuse or equate the term "for profit" with the term "commercial use". My understanding is that you can in fact sell photos of people as long as they are in a public place and the subject is not a minor or part an organization that has rules about use of their images (NCAA Sports, etc...). The way I have come to understand the need for a model release is that you only need it if the photo will be used for "commercial purposes" which is specifically different than simply selling a photo "for profit". Commercial use is illegal without a release because you are using someones likeness to promote something, not to mention that they may not want to be associated with what is being advertised. But I have come to understand that simply selling an image does not mean it is "commercial use", if you are not advertising or promoting a product, brand, etc, and you are presenting the person/people in a fair (true to the circumstances of the situation) light and are not presenting them in a way that is negative or damaging to their reputation, then you can sell the image. Examples are selling photos to a newspaper for editorial use, as an artistic image. In these examples I have generally understood that you can sell an image without a release, as long as the use cannot be considered "commercial/promotional", "for profit" is not a consideration that affects the legality in and of itself. This is my understanding after much research and sifting through all of the contradictory answers that has been given all over the Internet. I am not a lawyer, I just wondered if you have any insight as to whether I am mistaken. Do you have experience that has shown that simply selling a photo, regardless of it's use, is illegal without a release? I am certainly willing to believe that I am mistaken, but I am hoping that someone who clearly knows the law and has experience with specific examples can help to clear up the widespread ambiguity and contradictory explanations which are out there. Our very different understanding of the law is prime example of the lack of consistency that I am referring to. I would appreciate anyone who can speak definitively and from long experience as to the true legal language, and meaning of that language in regards to selling photos of people with or without the need for a model release. If that is you, then I respectfully defer to your expertise. L.C.
I have heard contradicting info concerning the legality of “for profit” photos. I have been told that people often confuse or equate the term “for profit” with the term “commercial use”. My understanding is that you can in fact sell photos of people as long as they are in a public place and the subject is not a minor or part an organization that has rules about use of their images (NCAA Sports, etc…). The way I have come to understand the need for a model release is that you only need it if the photo will be used for “commercial purposes” which is specifically different than simply selling a photo “for profit”. Commercial use is illegal without a release because you are using someones likeness to promote something, not to mention that they may not want to be associated with what is being advertised. But I have come to understand that simply selling an image does not mean it is “commercial use”, if you are not advertising or promoting a product, brand, etc, and you are presenting the person/people in a fair (true to the circumstances of the situation) light and are not presenting them in a way that is negative or damaging to their reputation, then you can sell the image. Examples are selling photos to a newspaper for editorial use, as an artistic image. In these examples I have generally understood that you can sell an image without a release, as long as the use cannot be considered “commercial/promotional”, “for profit” is not a consideration that affects the legality in and of itself. This is my understanding after much research and sifting through all of the contradictory answers that has been given all over the Internet. I am not a lawyer, I just wondered if you have any insight as to whether I am mistaken. Do you have experience that has shown that simply selling a photo, regardless of it’s use, is illegal without a release? I am certainly willing to believe that I am mistaken, but I am hoping that someone who clearly knows the law and has experience with specific examples can help to clear up the widespread ambiguity and contradictory explanations which are out there. Our very different understanding of the law is prime example of the lack of consistency that I am referring to. I would appreciate anyone who can speak definitively and from long experience as to the true legal language, and meaning of that language in regards to selling photos of people with or without the need for a model release. If that is you, then I respectfully defer to your expertise.

]]> By: April http://www.digital-photography-school.com/asking-permission-to-photography-people/comment-page-2#comment-140646 April Sat, 20 Nov 2010 18:03:17 +0000 http://digital-photography-school.com/blog/?p=120#comment-140646 Hello, I just got back from the Colombian jungles and would like t make a book and sell it. DO I need to get a release form from all the indigenous people (Kogi tribe) that I took photos of? Because that would be impossible. :( Hello,
I just got back from the Colombian jungles and would like t make a book and sell it. DO I need to get a release form from all the indigenous people (Kogi tribe) that I took photos of? Because that would be impossible. :(

]]> By: Isabella http://www.digital-photography-school.com/asking-permission-to-photography-people/comment-page-2#comment-139717 Isabella Sun, 14 Nov 2010 20:29:54 +0000 http://digital-photography-school.com/blog/?p=120#comment-139717 [eimg link='http://www.flickr.com/photos/bella-dilo/4958623555/' title='A Fairgoer ' url='http://farm5.static.flickr.com/4139/4958623555_af119d0f05.jpg'] I did ask the grandmother to take this adorable baby's photo. She was literally smiling at me the entire time, and I just decided to ask and see what would happen. She was so happy to do that. Generally, a nice smile while holding the camera lets people know they're willing to pose. But it's also neat to get them when they're not looking, such as the one below. I was in Puerto Rico, and I had permission to photograph him earlier, but I loved how spontaneous this looked. [eimg link='http://www.flickr.com/photos/bella-dilo/4260780250/' title='Las Palomas' url='http://farm5.static.flickr.com/4013/4260780250_5d223aac58.jpg'] I'm also only 16, which helps, because people aren't scared of teenagers when they're friendly; :P Also, if the person is a musician or performer, I will usually tip to pay for my photo, since it is a performance. In Italy, I had a wonderful experience to get a spontaneous portrait from a photographer in Italy. Man, I wish I could see how it turned out. [eimg link='http://www.flickr.com/photos/bella-dilo/4552562169/' title='The Photographer.' url='http://farm5.static.flickr.com/4052/4552562169_7cea4163bd_z.jpg']

I did ask the grandmother to take this adorable baby’s photo. She was literally smiling at me the entire time, and I just decided to ask and see what would happen. She was so happy to do that.

Generally, a nice smile while holding the camera lets people know they’re willing to pose. But it’s also neat to get them when they’re not looking, such as the one below. I was in Puerto Rico, and I had permission to photograph him earlier, but I loved how spontaneous this looked.

I’m also only 16, which helps, because people aren’t scared of teenagers when they’re friendly; :P

Also, if the person is a musician or performer, I will usually tip to pay for my photo, since it is a performance.

In Italy, I had a wonderful experience to get a spontaneous portrait from a photographer in Italy. Man, I wish I could see how it turned out.

]]> By: glen http://www.digital-photography-school.com/asking-permission-to-photography-people/comment-page-2#comment-139363 glen Fri, 12 Nov 2010 00:23:49 +0000 http://digital-photography-school.com/blog/?p=120#comment-139363 here in the Philippines, common people love camera specially if they are the ones being photographed..just ask for a permission and they will gladly pose for you..they usually know how to pose and give their best smile..you don't have to give a tip..they treat being subject of the photograph an honor..plus the culture is rich and diverse.. here in the Philippines, common people love camera specially if they are the ones being photographed..just ask for a permission and they will gladly pose for you..they usually know how to pose and give their best smile..you don’t have to give a tip..they treat being subject of the photograph an honor..plus the culture is rich and diverse..

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