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The San Diego Photography Collective Message Board › Waiver/Copyright question

Waiver/Copyright question

Dan C.
Group Organizer
San Diego, CA
Post #: 2,554
As Ken Cohen stated earlier in this thread, we will be having a presentation soon which will go over many of the issues discussed here.
This will be part of our monthly meeting series and the date will be announced soon.

Anyone, even those with just a mild curiousity about the issue, will want to attend just to be informed on the matter of your rights as pertaining to photography and the law.

Ken will also be handing out forms at the meeting.

Stay tuned...
A former member
Post #: 52
I guess all of those street photography websites that fill the internet are committing acts of EVIL and violation of the law since these folks earn money from their website. The courthouse must be packed with thousands of lawsuits waiting to crush these photographers. Guess Eric Kim should get a new gig because he must be in the cross hairs, given the popularity of his street photography blog. Look out Martin Parr and Bruce Gliden....get ready for bankruptcy! I should call my brother in law because Bruce photographed him rollerblading in Central part in then, oh the horror, published a BOOK and made CASH money for doing so.

But hey, I'm not a "recognized" artist so I'm screwed. I get the point that a release is the ultimate "best" but if you enjoy street photography and hope to sell prints someday as art, not as a logo for a beer bottle or a t-shirt company, and you are shooting in a public place and not unfairly portraying some as something they are not, then shoot and be an artist.
A former member
Post #: 218
It's like speeding in your car. Your chances of getting caught are slim and your chances of getting into an accident are even slimmer. However, if you get ticketed, it sucks and, if you get into an accident, it sucks even worse. Worst of all, you could be killed and/or sued to the point you'll wish you were dead. Justice is a quaint concept that no longer has much credence.

Jerry V.
San Diego, CA
Post #: 56
I'll­ quickly acknowledge that I don't have the legal credentials that Gigi does, but I'd be willing to bet that taking a stranger's photo in a public place is not illegal at all...

I'm willing to bet that Gigi will agree with me on this...

You'll lose.

If you're out on a public street, someone can absolutely take your picture. You may not like it, but that doesn't make it illegal. The illegality comes into play if the photographer tries to do anything with the photo without your permission...

Other than the two exceptions I mentioned, is that not what I said?

I will skip the classified facilities part and go directly to the expectation of privacy part. A person walking about on a a public street does not have a claim to expectation of privacy. Someone in a bathroom does have a claim to a expectation of privacy. Taking the picture in latter case is illegal.

I think this one area where common sense and the law pretty much agree.

Dan C.
Group Organizer
San Diego, CA
Post #: 2,556
Here's a photo I shot of a man in his underwear, sitting in his own living room, watching TV. He never knew I took the photo but I'm sure I could sell it for big bucks!

A former member
Post #: 53
Here's a photo I shot of a man in his underwear, sitting in his own living room, watching TV. He never knew I took the photo but I'm sure I could sell it for big bucks!


And you could because he's not identifiable in the picture..
San Diego, CA
Post #: 474

Poor Darlene ...she only asked

If you agree to do a portrait shoot for someone, (they asked you and agreed to being photographed)
do they need to sign a release form for you to keep the rights to the images (no the copyright is always yours unless you sign it away)
for use on a personal website/portfolio page

If they like the images they have agreed. you won't ''need'' it
but LEGALLY Gigi explained you should have it.

If they hate the images and / or don't want them used, then you should (in my book) take them off whether you have a release or not.... But a release agreeing might allow you to keep them up against their wishes if the subject has signed away their right to inspect or approve the images etc etc as many do.

Of course if they paid you to be their portrait photographer its a different situation than if you were doing it solely because you wanted to use the images...
And different again than taking a guys underwear photo through his window!!!

Dan C.
Group Organizer
San Diego, CA
Post #: 2,560
The Photography & The Law event is up on the calendar. If you haven't already signed up, you'll be added to the waiting list.­
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