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Selling candid photos?


TonyCoridan 2 137 United Kingdom
4 Mar 2013 9:59PM
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 Plus
12 39.7k 269 England
4 Mar 2013 11:02PM
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 .
TonyCoridan 2 137 United Kingdom
4 Mar 2013 11:15PM

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 2 137 United Kingdom
4 Mar 2013 11:18PM
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 Plus
12 39.7k 269 England
4 Mar 2013 11:23PM
Libel is the main concern but that only applies to publishing a photo (including on the internet) - not selling it.
TonyCoridan 2 137 United Kingdom
4 Mar 2013 11:32PM
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 Plus
12 39.7k 269 England
4 Mar 2013 11:47PM

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 2 137 United Kingdom
4 Mar 2013 11:53PM

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 Plus
12 39.7k 269 England
5 Mar 2013 12:08AM
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 Plus
5 7.4k 11 United Kingdom
5 Mar 2013 12:14AM
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.
Carabosse Plus
12 39.7k 269 England
5 Mar 2013 12:20AM
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.
TonyCoridan 2 137 United Kingdom
5 Mar 2013 12:25AM

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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