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Digital Cameras

Privacy Law?

snappingturtle
 
Posts: 305

Privacy Law?

Post Fri Jun 25, 2004 11:41 pm


Hi, I posted a similar message in the Politics/religion/law forum, but got niether replies nor a significant amount of views. I though I might find the answer here. Sorry if it sounds a little off topic.



After recieving several requests for my sports photos to be posted on websites and books, I thought of another law. While all the requesters recognized copyright laws, I am wondering if there is a privacy law that applies to the subjects in the photos.

I googled for explanations about a law for privacy. So far I found that there is a restriction in taking "private" pictures of people. As for non private pictures, I found that an individual has a legal claim against someone who uses their photos for comercial benefit without permission. Anything else?

As for me, I would just like to know if there are any laws that requires me to inform the subject/s in the picture for permission before I distribute to anyone who asks for use. For sports it is hard to ask since I would need to contact each athlete in the photo and many never respond.


I appreciate your responses!


Hugh

gillettecraig
 
Posts: 479


Post Sat Jun 26, 2004 7:54 am


In the US, generally speaking, a person controls the commercial use of their own image - hence the need for "model releases." That's separate from editorial applications and a picture can be "sold" for editorial use. Which is probably pretty much what you've already found out.

However, when it gets down to getting authoritative advice about a specific situation, your best bet is to contact a lawyer.

Anything else is just speculating since we don't know the nature of the websites or books.

cwest
 
Posts: 83


Post Fri Jul 09, 2004 10:04 am


Laws differ from country to country, but you usually need your posing subject's / client's permission if you intend using a photograph of them for commercial purposes - hence the importance of getting a valid "model release" signed upfront. This does not apply to passing strangers you photograph in public places. You couldn't reasonably be expected, for example, to get the signed permission of a dozen strangers who happen to have been captured when you took a photograph in a public place, where everybody is "fair game."


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