cehwiedel: Factual Reports: Digital Photography

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Digital Photography: Legal Issues

Legal issues come up even when shooting candid photographs for private use, but especially when shooting photographs for later sale.

The legal niceties have become trickier since graphic software was developed that allows for easy (and cheap) manipulation of digital images.

Photojournalists, for instance, don’t need releases if the photographs illustrate a news story (editorial use).

Stock or assignment photographers need releases when the photographs are aimed at marketing (advertisements) or trade (company brochures).

What about the case of the music student whose French horn is the subject of the photo below? I framed the shot to exclude his head — does that make him not identifiable? I don’t know. I received verbal permission to photograph his instrument, but if I were to upload the photograph to Big Stock Photo or iStockphoto, I’d prefer to have a model release.

Check my growing digital photography bibliography for books on legal issues, including sample model & property releases.

Things to Keep in Mind

- Any time an identifiable person appears in a photograph, ask the person to sign a model release (pdf).

- Always ask permission before taking any photographs of children, even in a public setting such as a park or the beach.

- Any time a private residence or business property appears in a photograph, ask the appropriate person (for example, the property management agent) to sign a property release (pdf).

- Pets are property, too; so are farm animals such as horses, cows and chickens. If the critter is domesticated, ask its owner to sign a property release.

- People who participate in formal shows expect photographs to be taken. Part of the fun of signing up your classic car is standing next to it, answering questions and modestly granting permission for photographs. However, if you’re planning on selling the photographs taken, check with the show organizers concerning the show’s rules about photographs for later sale. Don’t rely on verbal permission from either the show organizers or the owner(s). Get a hardcopy of the show rules and a signed property release for each subject photographed.