Attached Link: UneekArts

I have never been able to get an answer to this question, that I was comfortable with. Maybe comeone here can guide me or direct me to a good book on the subject. What are the legal issues involving taking pictures of people or things and using them in work for sale. I have an example picture here. Obviously the girls in these pictures could recognixe themselves but in a snapshot such as this, it is near impossible to chase them down and try to get a release form signed. Also, I like to attend and take shots of historical reenactments where people are often dressed in costume. Do I need release forms in a situation such as that? How about objects, such as houses or gates or anything like that? I was recently fussed at by a lady in an open air market because I was taking pictures of items for sale that were sitting on a bench in front of the store. She didn't think "I should be taking pictures of people's product without their permission." Any words of advice on this subject?

In this shot, if taken in public, you have a right to sell the photo without any legal ramification. You could run into a problem if the photo was used to misrepresent the subject. For instance, if you sold this and someone put it into a publication with the heading "2 Prostitutes Making the Rounds" then you have a problem (actually, the person publishing it will have the problem, but you will be brought into the case as the photographer). As long as you don't misrepresent what is happening, then there should be no problem. Another example of misrepresenting would be if one of them had a coke bottle in her hand and it was used in a Coke ad. Then it makes it look like she is endorsing Coke and that is illegal without a signed release. As for the re-enactments, again if it is in public then you should have no problem. If it is private property, then you must get the permission of the owner of the property. It would also be safer to get a signed release from the re-enacters you photograph (if it's not a public area) or at least have the lawful representative of the group(s) involved sign a release. -=>Donald

In addition to what Don said, if you use this photo for advertising a place, product or service, you need model releases, as well as pay for entities involved in the shot. (*

Yes, just think about that everything is owned by anyone. If you had to have a release for anything, there wouldn't be any way for photo journalists to work. I once heard a story about this lady talking to a group of young people, hanging out, chatting with eachother in some small town. She asked if they would like to be on the cover of a magazine, and ofcourse they said 'sure!'. So when they went to the store to get a copy of the mag, they saw themselves on the cover with the text "How to control young criminals" :)

Now you see, this is where we differ. I would print the pic using the title "2 Prostitutes Making the Rounds", then when they tried suing me, simply ask them "Would you screw me for free?". They'd probably say no. If I then offered them 1 million (I know, but imagine I really DID have it) and they accepted, I'd counter-sue for misrepresentation............. (",)

Thanks for all the tips. I think I have a better understanding now. I'll post a few more examples as time goes on and try to remember to ask, legal or not for a consensus. Oh, I'll tell my two sisters everyone thinks they look like hookers on the town. Just kidding, my sisters are older than this.