To publish or not to piblish

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kevin klein

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I have a calendar in the works and a few photos are taken in a public place that show people who can be identified. This is probably one of those twenty diferent answers for one question things but does there need to be permission or a release for these images to be printed for profit,or beeing that they were photographed in a public place it makes it fair game?
 

Aurum

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IMHO in a public place, fair game.

Think Google Streetview

The only time it can be a problem is if there are local ordinances that prohibit commercial photography
 

Ian Grant

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Not to Piblish

To publish or not to piblish

I have a calendar in the works and a few photos are taken in a public place that show people who can be identified. This is probably one of those twenty diferent answers for one question things but does there need to be permission or a release for these images to be printed for profit,or beeing that they were photographed in a public place it makes it fair game?

Be very careful with Typos on the Calendar.

It really depends on how prominent the people are, if they are going about their daily lives then there should be no objection but if they area relevant feature then you have a problem.

No-one can really comment accurately without seeing the images.

Ian
 
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kevin klein

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Specificaly they are pictures of steam engins with the driver and a few others on it.
 

Ian Grant

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Those guys put on displays expecting to be photographed, it would be courtesy to ask their permission, which it's unlikely they'd refuse. The bystanders are less relevant as your calendar isn't going to be an advert where the implications is they could perceived to be endorsing the product.

Ian
 

waynecrider

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Not that I have a law degree, but another way of looking at it is, steam engines are usually privately owned and their runs (if applicable) are usually a private service of a company (if that is what this is all about) and the company might be interested in what you plan on doing. The public people around the train probably don't matter, but the employee's as far as the company is concerned might. I wouldn't doubt tho that you could get a release from the company as it would basically be free advertising. You might even get to sell you calendars in the station (again if applicable) if you play your cards right.
 

John Koehrer

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I'd suspect that you need a release because it's commercial use, not editorial. And probably for all that are identifiable.
 

removed account4

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ask their permission for their 15 minutes of fame
and give them a few free calendars :smile:

good luck!

john
 

2F/2F

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If you are in the U.S.A.: If the people you shot were on public property, or visible from public property (without you going to lengths to make them visible from public property, such as putting a ladder on the sidewalk so you can shoot over their gate, and/or using a long lens), or if they were on private property where there is no "reasonable expectation of privacy" (such as in a shopping mall), you are fine. You cannot sell the images as stock images, but you can sell them as art. Commercial = not fine. Editorial = fine. Art = fine. Editorial and art can both be sold for money, as in this case, but they are still not "commercial" in the legal sense of the word as it applies to photography. In other words, you can use their images to sell the pictures as pictures, but you can't use their images to sell a product or brand.

As mentioned, it would be courteous to ask permission, but they could not stop you from publishing or get any money out of you if you do publish and make a profit.
 
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Aurum

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ask their permission for their 15 minutes of fame
and give them a few free calendars :smile:

good luck!

john


Cheapest, simplest method, especially with Christmas coming along.
An ideal present for all the Railway widows to remind them of who they married! :D

Works 99.9% of the time
 

mabman

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Depends what jurisdiction you're in - in the provinces of Manitoba and Quebec in Canada the privacy legislation makes you get permission to sell someone's recognizable image, regardless of public or private location (I don't think that's been tested in court in Manitoba at least, although there have been a couple of cases in Quebec to date - we had a discussion here a while back on that).

No idea what it's like in other places, but if you can't find the people in the photos to ask, it might be advisable to find out what's permissable in your jurisdiction.
 
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