Tag Archives: rights

Portrait Photography Legal Issues Explored

Richard Wanderman poses the question of what he can legally do with his photographs of other people, one in particular of the musician Antonio Hart

When I took this picture of Antonio Hart at The Blue Note I posted a question in a technical thread on Flickr: could I print and sell this image of Hart without his consent.

Last night I was at The Blue Note in New York and shot a number of pictures of a famous jazz band, mostly of individual players like this one of Antonio Hart: Antonio Hart Soloing at The Blue Note My question for all of you pros and semi-pros is: what can I do and not do with a picture like this? I know I can post it here. I know I can print it for personal use, but can I sell it? Can I publish it in a magazine?

A good conversation ensues, covering aspects I would not have thought of like what the venue would have to say about it. I also did not realise a press pass is not a silver bullet solution in many cases, just giving you a few extra feet of proximity a lot of the time. It seems, as with pictures of the public, a lot of the decision would come down to “reasonable expectations of privacy”; the dude was on stage at a promoted event open to the public so really shouldn’t expect to be invisible, right?

Regardless, Richard did the right thing and asked the subject of the photograph his own opinion on the matter.

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Posted in Legal Issues, Ethics, Model Releases, News and Commentary, Photography Business, Selling Photos | Also tagged , , , , Leave a comment

Photographers’ Money Woes

Chris wrote in a post of his how Carl Purcell had one of his photos appear on an American stamp and how he must feel since it was a stock photo and he basically got nothing out of it. Well spare a thought for Kelly Fajack. Here he finds people violating his copyright and making money from one of his photos, literally!

The central African nation of Burundi have used one of his photos without his permission for their 10,000 Burundi franc note. The photo was not in the public domain; it was just used on Mr Purcell’s personal website.

Quite rightly he is suing the Burundi government, but to sue a government is quite tricky. Good look with that Carl, I hope you get a fair and just outcome.

Read more about it here.

Posted in Legal Issues, Ethics, Model Releases, News and Commentary, Photographers in the News, Photography Business, Pricing, Protecting Copyright | Also tagged , , , , Leave a comment

Creative commons: How safe is your work?

Do you use a creative commons license on your Flickr photos. Do you even know what it is? Well very basically it is a license that you grant that allows non-profit use and sharing of your photography (More Info).

Why am I talking about it now?, well the legal strength of the idea has just been put to test in court. Adam Curry the ‘POD father’ has recently taken to court a Dutch magazine for publishing pictures from his Flickr account. The magazine apparently thought that since the photos were on the internet they could do whatever they liked.

So did Adam win his case? Well let’s just say he didn’t lose. The creative commons was upheld but the magazine got away with a fine. There was no real deterrant to stop this happening again. And you and me won’t have the resources to fight back like Adam did.

Thanks for standing up for us dude :)

Posted in News and Commentary, Online Photography Community, Photographers in the News, Protecting Copyright | Also tagged , 5 Comments