i have a question for which the #1 winner in trends is a good example: would the photographer have had to get a model release in order to publish that picture?
NOTE: I am not an attorney, nor am I speaking on behalf of the site. This does not represnet legal advice or an offiial position of DPChallenge.
Generally speaking, a model release is not required for purely journalistic or artistic use. Such a release is required only when the photograph will be used for commercial purposes. In most cases a person is not entitled to a reasonable expectation of privacy when out in public.
I agree with Terry. When I took that shot I debated on whether I could enter it without a model release or not.
I figured that since I was in a "tourist location" and they were in a public area, they fell into the photojournalism category. Also because I was entering a contest where you win no money it can not be considered commercial so I had that going for me.
I also figured what are the chances they or someone else that knew them would see the photo (actually I never expected this photo to win so didn’t think it would be a front pager) and complain, at which point I would gladly remove the photo.
thank you. so i guess there's a gray area. do you think a contest with a monetary prize would legally compromise you, then? or, for example, could you not sell a print like that through this site, etc? i just really shy away from taking photos of people i don't know, although i would very much like to feel more comfortable doing so!
I also figured what are the chances they or someone else that knew them would see the photo (actually I never expected this photo to win so didn’t think it would be a front pager) and complain, at which point I would gladly remove the photo.
Of course, you probably never expected a shot that matched your Speed shot to show up on PhotoSig either! ;-)
Generally I think of having to get a release if you're using someone's picture to promote something. If you're selling the picture itself....how does that work? You would think that if you took a picture of a crowd at a baseball game you wouldn't need model releases even if the closes subjects were quite visible.
I'm also trying to get over being shy about photographing interesting people.
thank you. so i guess there's a gray area. do you think a contest with a monetary prize would legally compromise you, then? or, for example, could you not sell a print like that through this site, etc? i just really shy away from taking photos of people i don't know, although i would very much like to feel more comfortable doing so!
Entering it in a contest or critical forum (like DPC) is fine, whether or not there are any prizes.
Selling prints publicly (but NOT just to family/friends) would constitute commercial use, and you should have a release if possible, but in many cases it would depend on the actual content and purpose of the reproduction.
I am NOT a lawyer, but I can usually figure out how to sound like one when I need to ....
