showing pics of people publicly - any legal issues?
showing pics of people publicly - any legal issues?
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Discussion

Davi

Original Poster:

17,153 posts

249 months

Friday 15th July 2011
quotequote all
Just been asked this and realised I haven't got a clue on the answer. If I take a picture of someone in a public place, but with them posing having been formally asked if it's okay to take their picture - is there anything you should do before showing them publicly to protect yourself from comeback?

The person I was chatting with quipped "don't you have to get release forms signed like they do for telly". I'd not given it a moments thought, now wondering if I should have!

PintOfKittens

1,336 posts

219 months

Friday 15th July 2011
quotequote all
If the pictures were taken in a public place, then you only need a release if you are going to use the picture for advertisement, as per the ASA rules.

If your just showing off your photo taking skills, then no release needed.

tog

4,951 posts

257 months

Friday 15th July 2011
quotequote all
Basically any editorial use is fine, using in advertising or implying any endorsement or quote that they didn't say is not fine (technically libel I believe). The main exception is for children subject to a protection order from the courts.

Davi

Original Poster:

17,153 posts

249 months

Friday 15th July 2011
quotequote all
Lovely job, thanks guys. As I'm working on a project at the mo that involves shooting purely MOP just wanted to check!

mattdaniels

7,362 posts

311 months

Friday 15th July 2011
quotequote all
It depends on what you are using the pics for but regardless of the letter of the law IMO if the person is identifiable it's worth getting a release from them in writing just to be safe.

awager

204 posts

256 months

Monday 25th July 2011
quotequote all
PintOfKittens said:
If the pictures were taken in a public place, then you only need a release if you are going to use the picture for advertisement, as per the ASA rules.

.
I would love to know where that ASA rule is.


tog

4,951 posts

257 months

Monday 25th July 2011
quotequote all
awager said:
PintOfKittens said:
If the pictures were taken in a public place, then you only need a release if you are going to use the picture for advertisement, as per the ASA rules.

.
I would love to know where that ASA rule is.
I haven't looked, but it might be here somewhere:

http://www.asa.org.uk/Advertising-Codes.aspx

ASA code or not, it is still libel however. Imagine you take a photo of a chap walking down the street and put it in an advert for product X with a headline saying "This chap uses product X and thinks it is the best thing since sliced bread." If he doesn't think that, you are libelling him by saying he does. That is why model releases, as well as saying you may use their likeness, also allow you attribute fictitious names and quotes to them.