Photograph rights?

Question

When you take pictures of people, places, and objects during a public event, are the pictures the sole property of the picture taker? I guess what I'm asking is: if I took pictures of someone with my camera at a public event, can I do as I wish with the pictures? Or do I need permission from the subject to put them up on MySpace, make Xmas cards, etc. ? Can I alter the pictures in any way?

Answer 1

You need a model release to sell any photos with a recognizable person in it, for commercial gain.  Otherwise you can post the photos, as long as you are not profiting from the photos.  You can alter the photos, but it is not wise to create a photo which will harm the reputation of another.

Answer 2

I'm posting a link to a site I was just looking at there's a lot of information there but I think it will help you. http://www.danheller.com/model-release.h...

Answer 3

The pictures are the photographers. However, the only thing you can use the pictures for without a model release is editorial. You can use them for yourself but be careful posting them online without permission.

Answer 4

Well i think that if the person is the only one in the photograph he can press charges if you abuse the picture but if you take a picture with the person in a crowd im fairly sure no one can claim the right to the picture besides the picture taker.

Regards

Kjelst

http://www.portraetmaleri.dk/

Answer 5

There is a fine line with pictures in public.

If you are intending on making money from them, then yes you do need permission to use them. As for personal use, the area is still a little gray. Placing them on MySpace should be ok. The people are knowingly attending a public with no expectation of privacy. They have no reason to think that pictures won't be taken.

If you still are unsure then you could blur the faces out using a phot editing program.

Answer 6

I will agree with DCReed.  I used to work for an editorial company and our pictures were ok for Editorial purposes if we took the shot.  If we were to use one of your pictures for a magazine, website, news paper then we need to buy the picture from you and attach your name when printed.

On the same token, if someone else wanted to use one of our pictures they would have to buy it from us.

Any picture I enter in a contest or sell will require me to include a model release at least but for editorial purpose I can do with out the release.  If they are of a 'public' figure such as celebrity, governor or a candidate then I can sell the picture without a Model Release

You are free to take any picture from the street or a public place but in some places security or police might scort you away.  Every picture taken belongs to the photographer unless the photographer works for a company.  Then he gets the credit but the picture belongs to the company.

Answer 7

Use for non-commercial purposes is your right, so you can't make an advertisement out of the picture, try to sell their shirt, etc.  

Use for what's called "editorial" purposes is using it as an example: an example of your work, an example of concert-goers for a magazine article about concerts, etc.

You can modify it, but then it gets a little tricky.  If you modify it in such a way to defame or insult, you've still got the rights to use it, but your subjects get some new rights, too.