Do You Need Permission From Photo Subject To Post Image In Faa?

it would largely depend on who they are and what else your doing, where you live and so on. usually its ok to sell people as art, provided it doesn't put them in a bad position. slander, libel and such. but without permission you couldn't sell them as stock. however the site will always want you to have permission first and when in doubt, don't post it.

some people are hyper about having their image online.

---Mike Savad
MikeSavad.com

No

We do remove work if the subject asks us to. You should ask for permission to stop all future trouble if not always legally needed.

However please do Not take the word of members here. They are not lawyers.

to post them "maybe " not based on how personal they are there should be no reason why you cannot get permission unless you have all ready answered your own question knowing you should not,trying to sell them please you need a model release.she either is a friend or was a friend !!! that's not street photography.

Manolo,

Isn't it an ethical issue? She has a right to have some say.

You have a camera, this is not the only thing you can shoot.

Dave

You do own the copyright to the images but if you sent them to a stock site you would need a model release.
I don't think that they are the type of images that would sell here but who can tell what people want.As she is the only subject of the photos I think that it would be right to ask her permission.
A stock site they could sell well

Seems like you should get a model release for your headshot series. Shooting people in public places as part of a larger scene would be a different animal

If you photographed someone in the U.S., in a public space, where they don't have a reasonable expectation of privacy, then yes you can make and sell fine art prints of the image or make it available for editorial use.

The U.S. government, via an I.R.S. regulation, considers a fine art print to be one of a numbered edition of no more than 200 pieces.

That being said, there's nothing that would stop someone from initiating a lawsuit, so my best non legal advice is - always get a release. There are basic releases available that fit on an index card sized piece of paper. Keep them in your bag. Give person a dollar or something else of value. A release is a contract and unless there's an exchange it's not binding.



BTW, even though I'm not a lawyer, I've been a full time professional photographer for over 30 years and in each of those years have attended at least 1 seminar given by top IP attorneys on photography and the law hosted by either APA or ASMP.

hello again,

thanks for all your responses. i find them educational and interesting.
this area is new to me because photography is only a personal hobby,
and it's only now that i thought of putting up photos in FAA because
they looked nice. it's more of presenting my work and not so much
about making money out of it.

i'm respectful of my subject's privacy, hence my post. i only take photos
of people that i know of, those who pose for my shots, and those who know
that their picture will be taken. and regardless of my ignorance of the law,
out of courtesy i would - and did - ask my subjects' permission first before
actually putting it up on FAA.

the particular one that brought me to ask my discussion question is the
shots i took of a CELEBRITY right after a public performance attended
by many. she did a number of nice poses for me and i was thinking of
putting up headshots of her on FAA. i asked her permission by email
(my only way to contact her) but with all the events and performances
that she does, she must be too busy to check her email - hence, no reply.

without that consent, i would not have a good comfort level and would
not do it even if the images are nice for every age to enjoy.

but let's say, for the sake of discussion, i put up her headshot images
on FAA without that consent, what would be my liabilities, if any, for a
photo taken of a celebrity (posing for shots for me) right after a public
performance in that same site and event?

I think my last sentence was quite explanatory.

"They are not lawyers."

Meaning you should not ask for advice here about legal issues and then follow it as though you had legal advice. Nobody here may give you legal advice


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community Manager

Whether the performance she gave was public or private doesn't enter into it if the photos in question were not of the actual performance.

What matters is the circumstances in regards to the photos you took. Were you in a public place? Just because members of the public were there doesn't mean that the space was public. Malls and concert arena's, for instance, are not public spaces even though they are open to the public. If she posed for you in a public space, you're fine for editorial use and limited edition fine art. There's case law for this.

Your not OK for commercial use, which includes merchandise like the pillows, tote bags, duvet cover etc. sold here.

Whether the prints offered here would be considered merchandise or art is an open question at the moment. If you licensed the image to a company that produced posters and distributed them to retail stores it would be considered merchandise. At the moment the only statute in the US that defines the difference between a fine art photograph or other fine art reproduction is the IRS definition. These are things I've learned from IP lawyers like Ed Greenberg and Carolyn Wright at seminars I've attended. Even if uou consulst an attorney and they tell you that you're in the clear, you still could end up being sued anyway. So once again, best advice is get a release.