just want to clarify a few things, and point out possible errors:
ebiggs wrote in post #17769347
On private property open to the public, the mall, baseball park, parking lots, etc, taking photographs is by no means an illegal act and is not subject to any kind of reprimand whatsoever. But you must, or should, respect the request to stop or refrain form doing it. They can charge you with trespassing. However, your camera and its content are private property and no one has the right to take your photos or your equipment.
to clarify this a bit, here is the deal from my research: you can take pictures pretty much anywhere (except in special cases). now in public areas there isn't any issue. however, in private areas you can also take pictures. however, you can only do so until told not to--and this request must come from an authorized person, meaning not just a random joe who doesn't want his picture taken. a security guard or such would be appropriate. at that point you must stop. and they have no right to take the pictures away from you or delete them or confiscate property.
If someone is featured prominently in a photograph, not incidentally, you have to ask that person for a release if you want to sell the photograph for publication. Celebs or not, doesn't matter. But if celebs are in a public place laws apply to them as with any ordinary person.
i don't think this is true. you can sell "art" and other forms. you only need the release if for "commercial purposes". that said, you probably still need the release to sell, but not because of the law, but because the buyer may demand it to cover their butt. however, i think technically it's legal to sell for non-commerical purposes.
Lastly, I repeat, while you can take pictures of children without their parents permission, don't do it. Clear?
why? ain't nothing wrong with it. sure, others may violently disagree, but should you always let bad opinions prevail? stand up for what is right. however, in this instance i am unclear whether children represent an exception to the rule--some info implies you always need a model realease for children, but i could have read that wrong, and in that case it might mean the model release for children is different than for adults, but not necessarily needed. anyway, you'll have to do your homework on what is required for kids.
i am not a lawyer, but this is from extensive research into this. use at your own risk.