Publishing pictures of people in the street?

Don't really know what the laws in the US says since I'm from Sweden.


If I take a picture of someone on the street (In the US), and want to use this picture in a book, a magazine or simular, is this allowed without the persons approval?

Is it different if the magazine is published in Sweden/Europe rather than in the US?

Is it different if I publish it on a photoblog?


/Jocce

I don't know about Swedish law. In most European countries there would not be a problem but there are exceptions. In France for example you have to be careful about publishing photos of people without their permission. Unfortunately I don't know the exact conditions or how they define "publish".

In the US there would be no problem. You can publish images on a blog, in a book or sell prints. The only thing you can't do is use the image to advertise a product. For that you need the person's permission.

Dan Marchant wrote in post #16667777
I don't know about Swedish law. In most European countries there would not be a problem but there are exceptions. In France for example you have to be careful about publishing photos of people without their permission. Unfortunately I don't know the exact conditions or how they define "publish".

In the US there would be no problem. You can publish images on a blog, in a book or sell prints. The only thing you can't do is use the image to advertise a product. For that you need the person's permission.

Thank you for the answer!

So basicly I can take a couple of pictures of you in the street, and then later publish them as a book?


/Jocce

No, you cant use their likeness without a release in the US. If its purely for educational or promotional use you can get away with it, but printing, and commercial endevours its best to be on the safe side and get consent.

If you take a pic in the US and publish it in another country, well then the laws get mixed up and theyll probably have a harder time suin ya...but why risk it?

thedcmule2 wrote in post #16668870
No, you cant use their likeness without a release in the US. If its purely for educational or promotional use you can get away with it, but printing, and commercial endevours its best to be on the safe side and get consent.

If you take a pic in the US and publish it in another country, well then the laws get mixed up and theyll probably have a harder time suin ya...but why risk it?

Wrong. You can publish. That is different from commercial endeavor. You couldnt use the picture on a can of dog food, or on a tee shirt, but you could use it in a book or magazine if they were in a public space where they have no expectation of privacy.

As far as I know gonzogolf is correct on this. If the image isn't part of some advertisement you don't need a release.

Christopher Steven b wrote in post #16668915
As far as I know gonzogolf is correct on this. If the image isn't part of some advertisement you don't need a release.

Otherwise how could a newspaper function?

Oh I meant commercial printing/advertising, not non-commercial publishing/printing. My mistake.

I was actually imagining Kim Phuc (napalm girl) running down the street toward the photographer and his pulling out a release and having her sign it on a napalm canister table-top.

gonzogolf wrote in post #16668932
Otherwise how could a newspaper function?

Christopher Steven b wrote in post #16668949
I was actually imagining Kim Phuc (napalm girl) running down the street toward the photographer and his pulling out a release and having her sign it on a napalm canister table-top.

Exactly. Or some indicted politician sneaking out of the courthouse after a hearing trying to cover his face being asked please sign here.

Jocce wrote in post #16667805
So basicly I can take a couple of pictures of you in the street, and then later publish them as a book?

Yes.

gonzogolf wrote in post #16668932
Otherwise how could a newspaper function?

I may be wrong but, because the photo is for editorial purposes. For the purpose of telling/relaying a story or event. But if they wated to use the photo to advertize for one of their paper's retailers or sponsors, they would need a release

PeteD wrote in post #16669576
I may be wrong but, because the photo is for editorial purposes. For the purpose of telling/relaying a story or event. But if they wated to use the photo to advertize for one of their paper's retailers or sponsors, they would need a release

Yes advertising a product would be commercial use. But newspapers generally dont generate those adds.

What if you're advertising the book in order to sell it and the photo of the random citizen is on the cover of the book and therefore on the advertisement?

I don't know the answer. But my means of judging this would be to consider if the photo of the random citizen on the cover plausibly suggests they are endorsing that book. If there is a comic bubble drawn near to the mouth of the person saying 'I endorse this book' or something less explicit even I think that would constitute commercial use. Otherwise I would say it's fine.

I realize you may be being facetious here, but it's a fun question.

lehmanncpa wrote in post #16669838
What if you're advertising the book in order to sell it and the photo of the random citizen is on the cover of the book and therefore on the advertisement?