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03/16/2008 09:40:05 PM · #1
Hi,
My first post here. No need to be gentle. ;)

I have some old photos taken without model releases. I'm curious what that means regarding my ability to even put the images online, much less sell them.

One example: I photographed a friend during a field trip to a public place (Buddhist temple); it was taken over ten years ago in Taiwan and her image is not entirely identifiable (her face is in soft profile, and is not the primary element of the photo). I joked with her afterwards that I could probably sell that photo if it wasn't too blurry. It was carefully taken hand-held at 1/8th of a second, wide open with a Rolleiflex 2.8C.

--JH


03/16/2008 10:34:28 PM · #2

This is my take of the matter, as a Canadian and an amateur photographer:

If you have shots from a personal portfolio, particularly if these can easily be perceived as artistic images, I wouldn't be overly concerned. Shots with seven or more people in it, taken in a public place, also, should be fine, even with identifiable features. For commercial images or any image signed over to an agency, magazine, paper etc. for the purpose of marketing, advertising, profit and/or similar mercantile distribution, well, you should have a proper model release.

However, anyone can sue you. It's therefore a good idea to act discretely and respectfully, so as to be able to make one's point with conviction when pressed.
03/16/2008 10:35:15 PM · #3
If the person is identifiable, you can't use it for stock or commercial purposes.

You could post it for personal or educational use, like here to get feedback. You may be able to sell individual "fine art prints" but not "bulk items" (like greeting cards).
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