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problem with police, candid photos, and advertisements

jeremynativejeremynative Registered Users Posts: 2 Beginner grinner
edited March 17, 2011 in Mind Your Own Business
hello i am just starting in photography and i specifically enjoy taking candid photos on the street in public places.

i recently got in trouble for taking someones picture and making a poster of them. i made an advertisement saying 'photographer looking for models' and posted my email on it. i asked the police why i was wrong and they said its a form of harassment to make advertisements with the photo and i need permission because it is technically commercial although no money was involved in the ad and i did not sell anything.

he said that me taking photos for my portfolio (im an art student) is a form of commercial photography because even though i didn't make money today, i could eventually make money off something else in my portfolio and it is somehow related.

he explained that taking pictures of people on the street is legal, and if i wanted to, i could simply look at them. i am an art student, i like to manipulate things. does this mean i can only manipulate and use things with pictures if i get a model release form? even if it is non-commercial advertising?

i just wanted to know for future photography, honestly though, it makes me want to sell my camera. i couldnt imagine asking permission and asking for release forms for hundreds of people i may take photos of and use for non commercial uses. i already have a large stock of candid stranger photos and i probably have used 3 out of hundreds so far. Imagine if i had to ask permission for something i probably wont use.

thank you, just trying to figure out the confusing laws

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    RichardRichard Administrators, Vanilla Admin Posts: 19,937 moderator
    edited March 17, 2011
    Hi there and welcome to Dgrin wave.gif. I moved your post to the Mind Your Own Business forum. Check out some of the great links in the sticky at the top of this forum. Lots of info there on model releases, copyright, commercial use, etc. thumb.gif
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    Scott McLeod PhotoScott McLeod Photo Registered Users Posts: 77 Big grins
    edited March 17, 2011
    Since you don't list your location, I am going to answer assuming you are in the United States. While I wouldn't have considered the use of the image in a poster for yourself commercial, I don't think I would have used an image just shot on the street, I would have used one of a customer or friend. I believe the officer was wrong in this case, but it doesn't mean it wasn't a bad decision on your part. I can't see the use of the image as harassment unless you posted an image that is negative or embarrassing and you had an intent to cause malice or embarrassment to the person.

    Selling an image you took on the street as art will not require a model release by those in the image. Only if you license an image to agency or a business for their use.

    There has been some good discussion and posting on this topic here on dgrin. Do a search and I think you will find a great deal of good info.
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    orljustinorljustin Registered Users Posts: 193 Major grins
    edited March 17, 2011
    Start by reading release information on this site: http://www.danheller.com/model-release-primer.html

    "even if it is non-commercial advertising?" - As mentioned, next time, use a friend or hired model, or nothing at all. No one is going to sign up as a model because you take sneaky pictures on the street, anyways.
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    Art ScottArt Scott Registered Users Posts: 8,959 Major grins
    edited March 17, 2011
    What it will really boil down to is the interpretation of.....the officer or a judge if it should go that far.....How ever my interpretation is that even tho you say you are not doing anything commercial....you are.......it was a commercial ad for your own gain ...that gain being to acquire more models and in the end that is business and that will make it a commercial venture .......
    As an art student you can take the pix, manipulate all you want and display and sell as worx of art and that should be fine...but you cannot use for advertisements or license to anyone else to use without a model release......if as posted above you are in the US......if not then your local laws will prevail......

    This is where art education falls short most of the time is in leaving out this part of the business........................
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    jeremynativejeremynative Registered Users Posts: 2 Beginner grinner
    edited March 17, 2011
    Art Scott wrote: »
    What it will really boil down to is the interpretation of.....the officer or a judge if it should go that far.....How ever my interpretation is that even tho you say you are not doing anything commercial....you are.......it was a commercial ad for your own gain ...that gain being to acquire more models and in the end that is business and that will make it a commercial venture .......
    As an art student you can take the pix, manipulate all you want and display and sell as worx of art and that should be fine...but you cannot use for advertisements or license to anyone else to use without a model release......if as posted above you are in the US......if not then your local laws will prevail......

    This is where art education falls short most of the time is in leaving out this part of the business........................

    thank you that is very informative and true. i took a course in photography in college but they do not tell you how to make money or the legal issues, simply how to use a camera and be creative :(
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