The Law on selling my images

MaxineM

MaxineM

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Edit My Images
Yes
Can anyone here advise? I'm confused reading about it on the web.
If I sell any work as a result of exhibiting (the people who's images i take on the street give their permission for me to take it and I tell them that the image is stored on my blog and therefore part of the project and they are given a card with the URL etc)
However, if someone wants to buy one of the images from the exhibition, do I need separate permission for that - to sell an image of them? (permission which I can't get now, so if I do then I'm basically stuffed!)

Max
x
 
If you take a ‘photo in a public place you can do what you like with it, however if you sell it with a caption along the lines of “this man is a mugger/paedophile/banker” or anything else derogatory and they saw it and they could prove it had caused them some kind of loss you would be in trouble.

So in short yes you can sell it but stick to photos not commentary.
 
ilikebowens said:
If you take a ‘photo in a public place you can do what you like with it, however if you sell it with a caption along the lines of “this man is a mugger/paedophile/banker” or anything else derogatory and they saw it and they could prove it had caused them some kind of loss you would be in trouble.

So in short yes you can sell it but stick to photos not commentary.
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Unless it's direct commentary from them? (ie I use quotes under my images that they are happy for me to use and are all non controversial. It's part of the project).
I just got confused reading online as it seemed to suggest if you are using them commercially (is getting paid for the image? you need model release?)

Thanks
 
As I understand it:

A model release is not a legal requirement in the UK however with so many companies being multinational it is easier for them to insist on a model release so that they can use the image worldwide.

Presumably you are selling to private parties in the UK and not corporrate purchasers who may wish to use it abroad, in which you'd be fine
 
model release would be needed for a comercial use of the picture e.g advertisment but selling a print or using it in an editoral does not require permission
 
It does apply in the UK. Commercial use means if you sell it to someone who wants to use it for advertising or whatever. You're okay to sell it to magazines to use for editorials (pictures to go with stories/features) and things like that.

Not sure what the law is regarding greetings cards, calendars, etc.
 
Itti said:
It does apply in the UK. Commercial use means if you sell it to someone who wants to use it for advertising or whatever. You're okay to sell it to magazines to use for editorials (pictures to go with stories/features) and things like that.

Not sure what the law is regarding greetings cards, calendars, etc.
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I'm not sure I agree with this. My interpretation is that in the UK, there are no legal restrictions placed on the copyright holder (the photographer) making commercial gain from an image (with or without a model release).

There is an explicit restriction is US law though and because of this, it is sensible to get a model release where possible, and it is essential to get one if you are selling to a company that plans to use the picture in the US.

That said, as another poster has commented, there are other reasons why legitimately selling a photo (or publishing on your own blog) may get you into trouble. If you infer something derogatory regarding the subjects, you may well need to lawyer up, unless you have a signed piece of paper from they giving you permission (hence the model release).

There's a very good article on the matter here

So, if you have managed to grab a killer shot that everyone wants, but were unable to get a model release at the time, go ahead and sell it. You are perfectly within your rights to do so. Make it clear to the purchaser that there is no model release (so no international use), and don't make any extraneous claims about the people in the photo and you should be safe.

On the other hand, if you can get a signed release, do - it widens the market for your image and covers you back!
 
According to that article,
Certainly, on a commercial shoot, it would be absurd to forget this essential document [a model release form] which will enable the rights owner to make use of the material for the agreed purposes. In advertising, a model release must be available and many picture libraries and agencies will refuse to accept stock without adequate releases. Suitable Model Release forms can be obtained from some BPLC members.
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(It also says it's advisable to do it all the time - although I wouldn't agree that this is always possible.)
It seems to be a bit hazy to be honest - which is probably why magazines and image libraries insist on it, to cover their backs - but most things I've read seem to agree that you're safe for editorial use at least!
 
Furtim said:
I'm not sure I agree with this. My interpretation is that in the UK, there are no legal restrictions placed on the copyright holder (the photographer) making commercial gain from an image (with or without a model release).
Click to expand...


using a photo of a person to advertise is the only time you need a release form. A company would be liable if they used a photo/video of a person without their permission
 
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