[little laker]

I've always gotten peoples permission when posting their pictures on the internet.
However I'll be photographing 2 events in the next 3 weeks (as the Official Photographer) where I'll be submitting the photographs to magazines along with a story.
So I'm wondering if just asking the peoples permission is enough or if I should be asking anyone who might end up in getting their picture published to sign a consent form.

What's your advice on the mater?

Thanks
Stu

[MShawn63]

Stu, you really should get model release forms and have everyone who appears in any of your pictures sign them. This is especially important if there are any minors pictured, their parents need to sign for them. Since you are shooting for a magazine the magazines probably have release forms you can use.

By doing this you will save yourself a LOT of potential headaches.

have fun,
Shawn

[little laker]

Thanks Shawn

[roscot]

You really do need model releases. I have been at a few events, where the photographer, or event organizer, had an assistant stationed at door, and advised all entering that they would be photographed/ taped, and that the images were to be used for commercial purposes, and asked them to sign a waiver indicating they gave their permission.

Seemed like a pretty good system, that way you don't have to go tracing down people.

Some events just post a sign at the door, and by entering they are implying their agreement. I don't know the full legalities of that, you'd have to check.

[little laker]

Thanks for your advice.

The 1 event being a boat regatta is pretty easy, since we'll all be sitting by the same fire at night.
However the fishing event 2 weeks later might be a little tougher since I might be on shore photographing boats or the opposite

I'll just have to make a little extra effort, and get to meet lots of people I guess

[Mr CJ]

You really don't need a release form to take and/or publish a photo of someone. As long as the photo is not used commercially you're ok. Basically:

1. Almost anything you can see you can photograph.
If you can see it, you can take a picture of it. If you are standing on public property you can photograph anything you like, including private property. It is important to realize that taking a picture is different than publishing a photo, which leads to point number two.

2. As long as you are not invading someone’s privacy, you can publish their photo without permission.
You can take someone’s picture in any public setting and publish it without consequence (even if it portrays the person in a negative way) as long as the photo isn’t “highly offensive to a reasonable person” and “is not of legitimate concern to the public.” You can even publish photos if you took them on private property. While you may be punished for being on private property, there is no legal reason why you can’t publish the photo from prison!

3. As long as you aren’t using someone’s likeness for a purely commercial purpose, you have the right to publish the photo.
You can use your photos of other people without their permission for an artistic or news purpose, but you can’t use them for a commercial purpose (such as an ad). You could sell a photo of a person without their permission, but you couldn’t use the photo in an ad saying the person endorses your product.


Just to show I'm not making this up or simply stating my opinion:
USATODAY.com - New digital camera? Know how, where you can use it

[SCGushue]

I've always gotten peoples permission when posting their pictures on the internet.
However I'll be photographing 2 events in the next 3 weeks (as the Official Photographer) where I'll be submitting the photographs to magazines along with a story.
So I'm wondering if just asking the peoples permission is enough or if I should be asking anyone who might end up in getting their picture published to sign a consent form.

What's your advice on the mater?

Thanks
Stu

Stu,

Being Canadian this issue should be of particular importance to you as one of the landmark cases concerning wiavers or releases came out of Quebec recently and sent shock waves through privacy laws in Canada.

Forgive me if the particulars are not 100% accurate but it goes something like this:
A photographer photographed a little girl in front of some Montreal Church (?) and eventually it made its way into an ad. The photog got maybe 500 bucks and got sued for several thousand and lost. This issue stemmed from the fact that even though she was on a public way when photographed and standing in front of a very public facility, the essensce of the picture would not exist without the girl.

Well, it was a friend of the girls family that saw the ad and joyfully showed the parents. As you can guess by now...they sued, and won monetarily from both the photographer and the magazine. The (liberal) judge felt that it was a clear violation and infringement of an individuals right to privacy and rendered as he did.

Part of the issue was the commercial nature of the deal. Nonetheless, courts tend to favor the masses and not the individual...in this case the photographer.

I wouldn't stress on this issue but know what you might be in for and remember, that Canadians are as litigeous as Americans...then again...maybe not

It never hurts however, to CYA in any case. Though in a situation like this you will find the trouble of getting waivers will seriously cut into your ability to function effectively as a photographer.

Stephen

[little laker]

Thanks Stephen.

It figures, in Canada Murders get a slap on the wrist and told that they're the real victims, and yet the next guy trying to make an honest buck gets hit hard for something silly like that

I'll bring some waivers with me to the fishing event, but I'm not too worried about the boating event. I would at least hope that a gentleman's agreement is ok there, and if it isn't there should be plenty of witnesses there.

[PDL]

In the US look here.
9 Keys to Avoiding Invasion of Privacy Suits
The Law for Photographers / Travel Photography Law / Legal Issues of Taking Photos
The ASMP has some good guidelines, check sheets etc. plus there are multiple sites with model releases.
American Society of Media Photographers

PDL