Posted by David on Sunday, April 15, 2007 at 6:00 AM.
Savannah, on Sunday, April 15, 2007 at 7:48 AM:
Hmmm, I have a question about this. Were you "on a public thoroughfare" when you took it? If not, did you need to ask permission from whoever owned the store/venue/home in which these dresses were hung?
Yep, I was on the sidewalk shooting into the store.
Here's where the exception comes, though — if I was shooting for a bridal wear magazine, for example, I'd have to get permission from the store owner.
For the "on the street" case — If I shot your photo on the street and then used it in an ad, or in an editorial context that applied a specific intent to your image (that is, not "people on the street in your city" but "overstressed moms attacking their kids"), then I'd have to get a model release.
It's slightly more complex than that, but the general rule is: in a fine art context, it's OK.
So... with http://portlandparents.net/ , I can take random pictures of parents at parks in Portland and post them? Not a specific intent, just "some park pictures."
As they say, I Am Not A Lawyer, but I think probably not, because that's assigning editorial intent -- what if someone's an uncle, but you imply they're a father?
In any event I can't pretend to be an expert about this, since I never shoot editorial except in very clear cases (like shooting the circus). I definitely recommend Bert Krages' book Legal Handbook for Photographers.
Savannah, on Sunday, April 15, 2007 at 7:48 AM:
Hmmm, I have a question about this. Were you "on a public thoroughfare" when you took it? If not, did you need to ask permission from whoever owned the store/venue/home in which these dresses were hung?
David Adam Edelstein, on Sunday, April 15, 2007 at 8:12 AM:
Yep, I was on the sidewalk shooting into the store.
Here's where the exception comes, though — if I was shooting for a bridal wear magazine, for example, I'd have to get permission from the store owner.
For the "on the street" case — If I shot your photo on the street and then used it in an ad, or in an editorial context that applied a specific intent to your image (that is, not "people on the street in your city" but "overstressed moms attacking their kids"), then I'd have to get a model release.
It's slightly more complex than that, but the general rule is: in a fine art context, it's OK.
russ, on Sunday, April 15, 2007 at 8:58 AM:
So... with http://portlandparents.net/ , I can take random pictures of parents at parks in Portland and post them? Not a specific intent, just "some park pictures."
David Adam Edelstein, on Sunday, April 15, 2007 at 9:06 AM:
As they say, I Am Not A Lawyer, but I think probably not, because that's assigning editorial intent -- what if someone's an uncle, but you imply they're a father?
In any event I can't pretend to be an expert about this, since I never shoot editorial except in very clear cases (like shooting the circus). I definitely recommend Bert Krages' book Legal Handbook for Photographers.