Can I use identifiable people in public photos for commercial use, and how do I get permission?
Asked 3/14/2012
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If I photograph an identifiable person in a public place, what rights do I have to use that image commercially, especially online? I understand this can vary by country and that a lawyer would be needed for definitive advice, but I’m looking for the general rule. Also, what’s the usual way photographers obtain permission in these situations—do people actually carry model releases when shooting in public?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
14y ago
2 Answers
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If you are a commercial photographer, then yes you would carry model releases with you, or use an app to record the information. Otherwise you would get the person's name and contact details and obtain permission later.
You have the right to take photos on public property, in public places where people don't have the expectation of privacy.
That doesn't give you the right to take those images and use them for commercial/advertising purposes without consent. By commercial I mean putting them on a billboard or website selling a product. You might be able to sell your prints as artwork, or enter them in competitions, if the rules of the competition didn't require waivers, which most seem to do these days.
There is a country-specific table of rights, including commercial here
A good reference on the subject here, which includes
Typically, before you can use a picture of someone in an advertising campaign or for other commercial purposes, you need to have the right to copy the photograph (a copyright license from the photographer) and the right to use the individual’s image (typically achieved with a “Model Release” from the individual).
Originally by user4191. Source · Licensed CC BY-SA 4.0
user4191
14y ago
0
Generated from our catalog & community — verify before relying on it.
General rule: being allowed to take a photo in public is not the same as being allowed to use it commercially. In public places, you can usually photograph people who have no reasonable expectation of privacy, but using an identifiable person’s image to advertise or promote a product or service typically requires that person’s consent.
A common distinction is:
- Editorial/artistic use: often allowed without a model release, depending on local law and the specific use.
- Commercial/advertising use: usually requires a model release if the person is identifiable.
That applies whether the image is used in print or online—the important issue is the nature of the use, not the medium.
As for permission: yes, photographers doing this kind of work often do carry model releases, or use a phone app/digital form to capture consent on the spot. Another option is to collect the person’s name and contact details and get the release signed later.
Laws vary by country and sometimes by state, so for anything important, especially advertising use, get a proper release and legal advice if needed.
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