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Selling candid photos?

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    TonyCoridan
    4 Mar 2013 - 9:59 PM

    Hi Fellow photographers/artists,

    If someone is interested in a candid photos:

    1. the photos is of the person himself/herself taken candidly
    2. the photos is of a group/a scene including people or the photo is of someone else

    Can the photographer sell the photos?

    And if yes under what conditions?

    Many thanks,

    Tony

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    Carabosse
    Carabosse e2 Member 1139501 forum postsCarabosse vcard England269 Constructive Critique Points
    4 Mar 2013 - 11:02 PM

    Broadly speaking you can sell photos of anyone taken under any circumstances. (That's how paparazzi make a living! Wink)

    You may like to have a read of the Photographers' Rights document downloadable from here.

    Last Modified By Carabosse at 4 Mar 2013 - 11:02 PM
    TonyCoridan
    4 Mar 2013 - 11:15 PM


    Quote: Broadly speaking you can sell photos of anyone taken under any circumstances. (That's how paparazzi make a living! Wink)

    You may like to have a read of the Photographers' Rights document downloadable from here.

    Thank you!

    TonyCoridan
    4 Mar 2013 - 11:18 PM

    I have been directed to that site on many occasions; I'm hoping some could help me here on EPZ.

    So, all photo can be sold but with the conditions that it is not endorsing any product or libellous etc...

    Am I right?

    Tony

    Carabosse
    Carabosse e2 Member 1139501 forum postsCarabosse vcard England269 Constructive Critique Points
    4 Mar 2013 - 11:23 PM

    Libel is the main concern but that only applies to publishing a photo (including on the internet) - not selling it.

    TonyCoridan
    4 Mar 2013 - 11:32 PM

    selling photos of celebrities is justified with the argument of public interest; can we (I) do the same: selling photos of 'ordinary people'; is there a public interest there?

    Tony

    Carabosse
    Carabosse e2 Member 1139501 forum postsCarabosse vcard England269 Constructive Critique Points
    4 Mar 2013 - 11:47 PM


    Quote: selling photos of celebrities is justified with the argument of public interest

    There is very rarely any public interest............... only public prurience! Wink E.g. the topless photos of Kate Middleton a.k.a. Duchess of Cambridge.

    Public interest does not come into it al all.

    TonyCoridan
    4 Mar 2013 - 11:53 PM


    Quote: selling photos of celebrities is justified with the argument of public interest

    There is very rarely any public interest............... only public prurience! Wink E.g. the topless photos of Kate Middleton a.k.a. Duchess of Cambridge.

    Public interest does not come into it al all.

    True!

    So, no model release is needed to sell photos of street photos...!

    Carabosse
    Carabosse e2 Member 1139501 forum postsCarabosse vcard England269 Constructive Critique Points
    5 Mar 2013 - 12:08 AM

    You never need a model release for anything........... selling or publishing.

    But if you are going to take a picture of someone looking a bit the worse for wear and publish it on the internet under the heading (e.g.) "Britain's Binge-drinking Problem".................... you'd better have a model release, or you could be sued for libel! Grin

    mikehit
    mikehit  56545 forum posts United Kingdom10 Constructive Critique Points
    5 Mar 2013 - 12:14 AM

    Model release is irrelevant in the UK. It has no legal standing but in the event of any dispute it can support your claim that the person agreed to the photo's use.
    If the person is in a public place they lose all rights to privacy so you can sell the photo, publish a book with the photo in it etc as long as the picture does not give an unfair image of that person: one case about 2 years ago was a newspaper photo showing a drunk girl vomiting in the street to illustrate a story about binge drinking. She successfully sued because it opened her to ridicule.
    So if you are just wanting to show people going about their everyday lives you have little to worry about. By the way, nor do you have to worry about taking/printing photos of children either.


    CB Beat me to it....damn, I'm getting slow.

    Last Modified By mikehit at 5 Mar 2013 - 12:15 AM Helpful Post! This post was flagged as helpful
    Carabosse
    Carabosse e2 Member 1139501 forum postsCarabosse vcard England269 Constructive Critique Points
    5 Mar 2013 - 12:20 AM

    It should be added that if you are planning to sell a photo of a recognisable person through a stock library or agency, they will not normally accept the photo unless it is accompanied by a model release.

    This is because they have no idea how a photo will be used (or misused) once it has been purchased, and they have to cover their backs.

    Last Modified By Carabosse at 5 Mar 2013 - 12:20 AM Helpful Post! This post was flagged as helpful
    TonyCoridan
    5 Mar 2013 - 12:25 AM


    Quote: It should be added that if you are planning to sell a photo of a recognisable person through a stock library or agency, they will not normally accept the photo unless it is accompanied by a model release.

    This is because they have no idea how a photo will be used (or misused) once it has been purchased, and they have to cover their backs.


    Quote: Model release is irrelevant in the UK. It has no legal standing but in the event of any dispute it can support your claim that the person agreed to the photo's use.
    If the person is in a public place they lose all rights to privacy so you can sell the photo, publish a book with the photo in it etc as long as the picture does not give an unfair image of that person: one case about 2 years ago was a newspaper photo showing a drunk girl vomiting in the street to illustrate a story about binge drinking. She successfully sued because it opened her to ridicule.
    So if you are just wanting to show people going about their everyday lives you have little to worry about. By the way, nor do you have to worry about taking/printing photos of children either.


    CB Beat me to it....damn, I'm getting slow.

    Thank you!

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