What are the laws surrounding the taking and publishing of photographs of members of the public?

Question

Do newspapers and magazines need permission before printing a photo of a member of the public or, for that matter, anyone?

Answer 1

yes

Answer 2

There are a few issues here pertaining to the collection and publication of photographs in newspapers and magazines.

First, in general, there are no laws in most nations about taking photographs.   There are laws concerning trespass and where the photographer might be when the image was captured.  In short, if you can see the image from a public area then you can capture the image on film or video.

So, saying the photograph was snapped in a legitimate setting -- from the sidewalk on a public street -- the next question is in use of the photo.

Was this a newsworthy photograph of a traffic accident, or someone carrying an umbrella during a rain storm?  The first one is news and the second would be illustration for news, and both are legitimate uses in a newspaper.

If the photographs were to be used for commercial purposes -- illustrating an advertisement for an auto insurance company or for an umbrella manufacturer -- then a model release would be necessary.

There is another usage concept known as appropriation which has landed some publishers in trouble.  This often happens when one legitimate news photo is later used as illustration for another article.  

In the examples above, what if the car crash shot was used months later alongside an article on drug-crazed teenagers or the umbrella shot was later used to illustrate an article about loneliness or dementia.  While not commercial uses, these examples would be a misuse of the legitimate news photo and might put the person in false light or cause damage.

In general, there is no problem taking photos for news purposes and no model releases are necessary for news photography.

Hope this answer helps you.

Answer 3

Hi,

You can take a photo wherever you want, when you want and of whom you want as long as you're not on private property and can publish it on the internet or any printed publication. You do not have to ask permission or pay.

You are the photographer, the picture and copyright belong to you.