I've just had a really good shoot in the pouring rain at my local second-hand market (flea market for the Brits here) and got some decent candid shots. Trouble is a lot of these are full face, depicting expressions while haggling etc.
The thing I want to know is am I allowed to use them without the permission of the subjects? My limited knowledge extends to something I heard a long time ago about being able to use them so long as the subjects aren't easily recognisable, though I'm not entirely sure.
Anyone help??
No problem, as long as you don't use them out of context. I.e if you take a picture of someone holding a Colgate tube, don't use it in a Colgate commercial.
If the work is purely journalistic, and the pictures were taken in a public place, you should have no problems.
I don’t know about England or here for that matter but from what I understood you cannot or shouldn’t publish an image where an individual is clearly the focus. Example my buying a paper from a newsstand cannot be used without my permission. Now if the newsstand was on fire and I was putting it out and you could see various people it would be photojournalism. Otherwise if its a single or few people clearly made out in the shot I believe then can have you remove the photo. But don’t quote me on this.
Pictures used for non-commercial purposes do NOT require a photo release. If you are in a public place, anyone can take your picture and use it for non-commercial purposes (i.e. in a newspaper or journal or TV news broadcast).
My understanding was that if you're buying a newspaper at a private resort then you can throw a fit, but if you're just out on the street, then you have no "reasonable expectation of privacy".
Pictures used for non-commercial purposes do NOT require a photo release. If you are in a public place, anyone can take your picture and use it for non-commercial purposes (i.e. in a newspaper or journal or TV news broadcast).
Everyone "gets away with it". If this were not the case, then news as we know it would almost cease to exist. Anyone could stop their picture being taken -- politicians, celebrities, crooks, whomever.
This is well covered in Photographers Market 2003, I seem to recall
And if I take a photo of you on the street then sell it to a newspaper or get paid in an fashion, is that not commercial?
No, that is considered news. I had a very good example of the differences at Easter. I volunteer at a homeless persons' shelter to serve meals at holidays, etc. Several news crews came by and took pictures. No releases were required. However, the charity itself took pictures for use in their fund-raising campaign. For that, all releases WERE required.
