>For art you don't need a release as far as I am aware.
You do in the U.S. if the person is recognizable and you do not want to get
sued for invasion of privacy. If the subject is recognizable and your
artwork defames their reputation and /or character or implies something
untrue or that they find objectionable, you could be open for slander and
defamation legal actions as well in the U.S. and maybe in Canada.
In the US, if you use the art with the subject's image in it for commercial
reasons, for advertising, etc., you might also be open to other types of
legal action.
-----Original Message-----
From: owner-filmscanners@halftone.co.uk
[mailto:owner-filmscanners@halftone.co.uk]On Behalf Of Johnny Deadman
Sent: Saturday, May 19, 2001 6:09 PM
To: Filmscanners
Subject: Re: filmscanners: OT: photographing on the street
on 5/19/01 6:58 PM, Dave Buyens at davepe@tampabay.rr.com wrote:
>> My secrets for street photography without getting killed include some
>> fast slight of hand on occasion (looking like you are photographing
>> somewhere or something else). But more often its just a really big smile
>> that disarms people and makes me appear less sinister.
>
> Once I tell people I'm shooting for the paper, all suspicions fade away.
> Once people see that there is a reason you're taking their photo that is
> legitimate, they are delighted. I was shy at first, but after a few dozen
> positive results, now I don't think twice about snapping away.
William Klein, shooting for his NEW YORK book told people he was working for
the NY Post. He wasn't. A very dangerous thing to do as (a) you may get
found out and (b) getting pictures of people under false pretences can get
sticky further down the road.
>
>> If I think I've gotten a really valuable image, I try for a model
>> release. Most people are amazingly easy about this (in Canada, at
>> least) if you offer them some copies of the images, especially if their
>> kids are in them!
>
> In my case, the thought of having their picture in the paper doesn't hurt.
> Further, I don't need a model release for such publication. Now, if it
were
> for art's sake or for profit--that'd be a different story. Then, go ahead
> and get the release. It's also then, that I'd expect a little more
> resistance, though most folks still won't mind.
For art you don't need a release as far as I am aware.
--
John Brownlow
