Archived posting to the Leica Users Group, 1998/04/13

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Subject: Re: [Leica] US street shooting laws.....
From: Five Senses Productions <fls@5senses.com>
Date: Mon, 13 Apr 1998 11:17:58 -0700

Thanks Tom.....I do a lot of model/glamour shooting outdoors.
I always watch my backgrounds to make sure that no other people
are in the scene, but what if?  If I wanted to sell the photo with the
rest of my images, and it happened to be of a model standing in a
bikini on the beach, with 30 other people behind her, not necessarily
aware of the camera, what would I have to do to make it legit?

If I were shooting a model walking down the street one day, and I got
a private citizen's house in the background, could he sue me one day
for not getting his permission to use his house in the photo?

Can I shoot a model drinking a can of CocaCola without writing a letter
to CocaCola to get thier permission?

I wonder how many photographers ask these questions in the heat
of the moment..!




At 01:18 PM 4/13/98 -0400, TEAShea wrote:
>Your questions are excellent.  Let me address them one by one.
>
>
><<  What if you take a photo of a crowd scene and there are 20
> people clearly identifiable in your photo.....do you need 20 releases?
>
>A release is only required if the photo is used for commercial purposes.  You
>do not need a release to take a photograph in public places. 
>
>
> <What if 15 consented and 5 did not......would you not be able to publish
> the photo or could you just blur out the faces of the 5 who did not
> consent?
>
>If your were to use the photo for commercial purposes, you could blur the
>faces to make the individuals non-recognizable.
> 
>< Do I, as a photographer but not a journalist, have the same rights to
> take photos of people on the street as you press people do?  
>
>Yes.  An non-professional has the same constitutional rights as the press.
 As
>a practical matter, police and other public authorities often give preference
>or access to members of the press.
>
>< Can I tell a policeman at an accident scene that I am a photographer and
>that I
> have the right to be there to document the scene?  Will he ask me for 
> a press pass?  
>
>This is a practical matter.  Generally, if you want access beyond that given
>to the general public, they will ask you for a press pass.  
>
>Tom Shea
> 


Francesco Sanfilippo,
Five Senses Productions
webmaster@5senses.com


http://www.5senses.com/