Legal?

[NeverFollow]

I took some shots of surfers at the beach today. Do I have to have a release or permission to sell/post the pictures of them?

[grego]

It's okay to post them, no need for a release there. If they are recognizable in photo, you do need a waiver release from them.

[Fried Tempeh]

It's okay to post them, no need for a release there. If they are recognizable in photo, you do need a waiver release from them.

So you're saying anyone that is recognizable you take a pic of must sign a release waiver !!!? Come on, be serious.:confused:

[cosworth]

This release thing is getting out of hand.

[grego]

So you're saying anyone that is recognizable you take a pic of must sign a release waiver !!!? Come on, be serious.:confused:

If you plan to sell it to a magazine. The only way you can sell images without a waiver release is if its to an editorial publication like a newspaper. No stock photo places. Basically, commercial work with the photo is off limits to put it simply.

But to post it online or have it in a portfolio, is perfectly fine.

[NeverFollow]

thanks guys Ill be posting them soon

[PaintballPhotography.com]

Check out the Photographer's Right at
http://www.krages.com/phoright.htm

[nysportsphoto]

If someone is in public, they are open game for photographers. I am a news photographer and I can tell you, you do not need a waver to post photos in the newspaper.If that was so, there would be all happy news in the paper , just think about it!

[Photocam]

The way I've always heard it (for here) is that if its "news" or historical reference its fair game, but for any kind of advertising you need a model release.

Although one Kiwi TV presenter took a large magazine to court last year for publishing photos of his daughters (under 5)

[Trackday.Net]

Your right as a photographer stop the moment it infringes on another's right to publicity. You can't profit from another individual's likeness without their consent and not be liable. For commercial purposes, get a release. If you can't get a release and still want to pursue a profit through commercial means, you are subject to litigation. Do a search on "Publicity Rights". If you don't want to hear what veteran photographers have to say, do your own research. Another way to learn is the hard way. The news media is protected under the publicity and copyright law. Good luck selling your beach images to the newspaper. Unless it's a piece on newsworthy beach activity, it's very likely not going to go far. Commercial ventures are completely separate and do not share the same protection.

However, feel free to use heresay in a court of law. Tell the judge you heard that you can profit commercially without a model release from the folks in this forum.

[NeverFollow]

Iam not going to submit these to the newspaper, but thanks for the luck. I was simply asking if its legal or not to sell the pics because Iam very new to photography

[Croasdail]

Its even more awkward then it may sound. Surfing is an interesting one. If you take a picture of the coastline, and you get surfers in it, but they are not the subject of the photo, then they are incidental to the photograph. If the surfer is the subject, and they are identifiable, well then you need their permission for you to make money off of their likeness. If it is just their back heading into a tube, wearing a non-discript wetsuit.... you are okay. there is a lot of grey out there in this particular sport. Just posting on a web site or a home page for sharing and no money making.... you are good to go. It all comes down to can you reasonably identify the person, and are you looking to make money off of it. As a former surfer myself... most of these people are very layed back and would be thrilled to have their picture published.... they are very easy to please - no need to operate on the fringe here.

[vwpilot]

If someone is in public, they are open game for photographers. I am a news photographer and I can tell you, you do not need a waver to post photos in the newspaper.If that was so, there would be all happy news in the paper , just think about it!

You're right, for publication in a magazine or newspaper.

But NOT for commercial sales, which includes selling prints, selling for advertisements, selling to stock photo agencies (to be used for something other than editorial), or any other sale that does not have to do with "reporting the news."

For anything other than that, you must have a release from any identifiable subjects in the photo. End of story.

[vwpilot]

So you're saying anyone that is recognizable you take a pic of must sign a release waiver !!!? Come on, be serious.:confused:

That is the truth if you are going to use them for anything other than editorial work.

And we are serious. ;)

[Trackday.Net]

Iam not going to submit these to the newspaper, but thanks for the luck. I was simply asking if its legal or not to sell the pics because Iam very new to photography

Sorry to come on too harsh. We don't want you to learn the hard way. Now you know. You need a release for any commercial outlet if you want to use the likeness of any individual, logo, or trademark.