Confused about ownership

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tony1313

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Hi all, :help:

I am new to this forum and would firstly like to say hello to you all and hope someone out there can help me. I am presently working on a project that I am meeting some hurdles with.

Basically if I take a photograph of of an individual or group of people that it is my intention to publish in the public arena as it were (i.e. book) do I have to get their permission to go ahead with the publication before it is printed.

The problem comes in at the point where some of these people may not be shown in the best light, two of the subjects are drunkenness and road rage, do I need to approach them in order to have their approval to publish.

Is there a declaration they could sign, could I blur their eyes somewhat (photoshop) or can I just go ahead and publish.

One other thing is that the project will also include buildings, do I need the owners permission there as well.

I realise that it is a somewhat confusing area but any help would be appreciated.

Many thanks

Tony
 
Blimey - can open, worms everywhere....
You would almost certainly need a release form as the images are for commercial use. It's a real minefield because no-one is likely to agree to them looking drunk or enraged in public. If your images reflect badly on a private building (especially if it's branded like a pub or similar) then their lawyers would be queuing round the block. Provided individuals could not be identified you might just be okay - ditto for logos etc on buildings. Remember that one person's night of drunkeness is going to be in print forever - how might you feel if it were you? I would, without question, seek specific very legal advice rather than rely on a forum liike this (however well informed or intentioned we all are).
 
Hi Phil.

Many thanks for the reply. I knew it was going to be a minefield, I am erring towards a blur on the more negative ones. As you say it may be best to seek professional legal advise and go from there.

Many thanks though Phil for taking the time to reply, hopefully a few more of the folks out there may also shed some light for me.

Cheers again.

Tony
 
Hi Tony and Welcome!

Welcome also to the minefield! If you sre shooting in a puclic place (on the street) for personal, non-profit purposes you don't need to obtain permission.

As you're shooting for a book and presumably hope to make money from the sale of that book there could be problems. It is wise to obtain signature of a 'Model Release Form' (MRF) from anyone who is recognisable in your images. If you are depicting these people in a nice way most people will simply sign (verbal agreement is OK too unless they change their mind later) and who knows they may even buy your book!

Obviously it is sometimes unwise or dangerous to approach your subject. They could later object or even sue you if they are portrayed in a misleading or 'malicious' manner - eg if your 'drunk' turns out to be someone suffering an allergic reaction (not to alcohol) or someone appears to be the aggressor but was in fact the victim.

You could obscure any face or distinguishing feature.

Buildings are generally OK unless it's a secret government location, MOD site or the Eiffel Tower, London Eye! Provided you are shooting from a public area.

Best thing is to google a good book on photography and the law.

I believe the Bureau of Freelance Photographers has sample MRF's on their site but don't uote me on that!
 
Hi barsbyart.

Very helpful indeed, thanks. The link you gave me will be a great resource, I will go down this line. As I have said I knew it was going to be a minefield, just didn't know how big though, this could take some work. In the meantime thanks guys and if possible keep the advice coming.

Cheers Tony
 
A point of interest here is that whilst someone might take issue with a photograph showing them to be drunk the legal side of things might not go in their favour. To sue they'd need to prove your photo showed them "in a bad light" and caused damage but they'd have no case if they were actually drunk to start with. As long as your photo doesn't (to a reasonable person) mis-represent the situation/behaviour then you "should" be ok. But check with a legal professional before going far with this one.

Normally shoots like this are a lot easier to do if you get a bunch of models and stage everything.
 
Thanks very much for that. I was considering going down the route of models (family, friends) and I think I may have to go this way to save any hassle. In the long run it may make more sense.

Thanks once again for all your help.
 
In the UK (correct me if I'm wrong) you do not need permission to photograph anything or anyone if you are on public property*, even if it's for commercial use. Newspapers would never have any pictures in them if the opposite were true.

If you're on private property then you do need permission from the owners, not the subjects.

*with the possible exception of military/sensitive areas.
 
Steep said:
In the UK (correct me if I'm wrong) you do not need permission to photograph anything or anyone if you are on public property*, even if it's for commercial use. Newspapers would never have any pictures in them if the opposite were true.

If you're on private property then you do need permission from the owners, not the subjects.

*with the possible exception of military/sensitive areas.
Click to expand...

Your answer addresses the question of the legality of shooting, Steep. The OP's question, however, is about the legal niceties concerning publication!

The wrong tree, I guess.
 
@w.Smith

tony1313 said:
Basically if I take a photograph of of an individual or group of people that it is my intention to publish in the public arena as it were (i.e. book) do I have to get their permission to go ahead with the publication before it is printed.
Click to expand...

My comment "even for commercial use" is the pertinant bit I think.
 
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