using some ones image as a photographer...?

Question

If i take a picture of someone, do i have the right to use my photograph as I like, or do they have the legal right to deny me use of my own photograph?

I don't mean to use the photos in a sleazy way, just in galleries, or my portfolio, or even sale.

Answer 1

you cant use an others image without a "model release"

if you dont know you need a model release to make images of people hows your tecnical ability? (like exposure)

are you so lacking in morals you dont care how others feel about you using them or their images?

this isnt a legal issue really its about your lack of humanity........................ask them if you may "use" their image and give a reason, then you put it in writing on a "model release",

refer the link i have given below

EDIT: if you dont know that "using" people is wrong you have no chance in business

Answer 2

There is a general principal that anything that is in a public area is in the public domain. If you photograph a person, then you have the right to use that image for certain purposes without seeking their permission.

You will also be the copyright holder, that is, you own the intellectual property in the image.

If the image is going to be published, then the person who publishes it has to establish that they have the appropriate permissions to do that, and that is where a model release is important. The publisher will not go and find the person in the photograph and get them to sign a model release. If you have not already done so, then you don't have an image that the publisher can use, and you won't get a publisher to buy it.

There are certain exceptions to the principle of what is a public place. Most countries have laws against photographing, sketching etc defence establishments and other security arrangements. This varies from country to country, but can include border control stations, police check points, certain public buildings, etc as well as military barracks, airfields and the like.

The other issue is whether you should make a payment to someone you photograph even if it is in a public place. Even if you are an amateur, and have no specific intention of selling the image, it may still be appropriate to make some payment to a subject who is prepared to have the photograph taken.

Answer 3

If the person is in public view or a public place and has no right to expect privacy, then you can take their picture without their permission and use it in any fashion you like. That's the basics of it, though it is not absolute in some circumstances.

As a photojournalist, I have taken all kinds of pictures of people without their permission, including over their vociferous objections.

As far as it being your picture, you have the copyright to it the moment you create it.

However, under most circumstances where I may actually be intrusive in some way, or the people seem a little iffy about it, I introduce myself and explain what I am doing. Very rarely do I get turned down. It's a matter of good form and courtesy as far as I am concerned.

The one circumstance I always ask about taking pictures is where it involves children as subjects. I introduce myself and, if it's at or near a playground and there are police nearby, I introduce myself to them, too. Usually first.

I always carry model releases and use them if it is a situation where I have asked permission to photograph them. Otherwise, not.

For their permission, I give them like four 5x7 prints and an 8x10 of their favorite picture. With kids, I throw in four wallet sized shots. That's a definite winner with parents. The parents get pictures, the grandparents get pictures. This has even gotten me business from their friends who want their kids photographed. Contact info is on the back of every picture.

I don't have the ethical or moral qualms Antoni mentions. It may be because I am immoral or unethical. However, in my own defense, the only thing I have ever been accused of is doing something someone didn't like.

Vance

Answer 4

First of all, this is a legal issue that can vary according to your locality.

I'm not a lawyer, but here's my understanding of United States law on the subject

1. Any person who is out in public can legally be photographed even against their will. This also applies to private property which is open to the public, although the property owner does have every legal right to prohibit photography from their property.

2. A person who is in a private location, such as their home, or in a location where they have a reasonable expectation of privacy, such as a rest room, changing room, or medical facility, can not be photographed against their will even from a public location.

3. If the photograph is taken for editorial(i.e. newspaper) purposes, for the photographer's portfolio, or for "fine art" purposes, no model release is necessary.

4. If the photograph is to be used for commercial purposes, such as advertising, a model release is absolutely necessary.

In any case, though, the internet is a bad place for legal advice, and I'm not a lawyer. If in doubt, it's always best to consult a qualified local attorney.

Answer 5

Go to shutterbug.com (Shutterbug Magazine) and do a search for "privacy rights". The May 2007 issue had an article about this very subject.

People own the rights to their image. Using it without their permission will result in legal action against you. The same applies to photos of someone's prize rose bush or restored antique car or house.

Answer 6

They can sign a model release form saying you can use their image in a descent manner where ever you like and that you can sale and manipulate that image however you please. Always be curtious to your subject and respect them.

Sometimes if you are out in public and just taking a photo of a bunch of people on a sidewalk of park,not necessarily picking out one person you can use it without getting a sign off. It really depends on what it is used for and how legal you want to go with it. They can ask you for money if you do sell that photo.

Answer 7

Technically the law says that anything photographed or seen from a public space is public domain. Professional photographers are held to a code of ethics. If you cannot obtain a written release because they would be mad, then I would say you should not use the photo. If they are away or you don't even know who they are, I would use it.

Answer 8

Well, everything Antoni said except that it could become a legal issue without that model release. They may not care or even be flattered that you want to sue their image but if they get a bee in their bonnet over it they could go legal. Be careful. You can get a model release after shooting so go ask.

Answer 9

legally, i have no clue. sorry. but i always tell them before that i will/might use the picture in a gallery of some sort and usually they are fine with it.

Answer 10

if that person has given you permission to photo them, and i think your supposed to take their name, then yes you have legal rights to do whatever you want with that photo.