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 12/24/2002 07:42:46 PM · #1
Been a lot of discussion about legalities, especially concerning the body part challenge.

However, in the bad old days when ice covered the earth, and lizards were kings, you had to get a model release before you published any photos containing recognizable people that were not celebrities and/or news related. Does the challenge constitute publishing, and do those laws still apply? (It has been awhile, but was wondering if those laws are still in force.)

-alex
 12/24/2002 08:00:20 PM · #2
In the US that law still largely applies to private individuals (like we are), but the Patriot Act largely removes any expectation of privacy in any public place, like the sidewalk or a commuter train, and there are government cameras everywhere now. Of course, most large private businesses have surveillance cameras as well.

As is the case with most US law, the final determination involves money. If you attempt commercial exploitation of a recognizable image you must have a model release. If you are photographing a public place for your own use/record/education (such as family album or DPC) you really don't need a release.

I would consider a release an appropriate courtesy if the person is the topic of the photo (i.e. a portrait), but not necessary if they are appearing as part of a scene which would normally have people (e.g. a park).
 12/24/2002 08:58:16 PM · #3
Would a similar type of release be required for a photo of someone's house or dock on the waterfront that was taken from a public access point?
12/24/2002 09:01:57 PM · #4
Originally posted by mcrael:
Would a similar type of release be required for a photo of someone's house or dock on the waterfront that was taken from a public access point?


I am interested in this also. I am interested in photographing some houses for a series of paintings, and have not begun this project yet because I am unsure of the legalities for this issue. Any help or direction with this appreciated.

Thanks, Linda

Message edited by author 2002-12-24 21:02:15.
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