Originally posted by Helios 84-5 When they say that you need the permission of an individual, before publishing a picture of him/her, does it apply to non-profit pictures that we upload on Flickr or only to pictures published in newspapers and such?
My question is specifically concerning street photography.
That's the question where it gets real sticky and your moral compass may have to be your guide. Paparazzi get away with their shenanigans under the claim that they are photojournalists and are thus using editorial license to invade your privacy. the trash mags that publish them, use the same argument, that some how you by your pool in your underwear at 2a is news worthy.
I despise the paparazzi so vehemently, I don't ever want to be compared to them in any way shape or form. Street photography of persons "could" tread into that gray area. Plus, let's say you take a particularly amazing photo that catches the eye of a publisher or other commercial agency. What then? You don't have a model release, so you can't legally license that image for commercial use.
I think the letter of the law applies only to the use of a persons likeness to promote your own agenda. For example, taking a picture of a person and then using the image in a marketing campaign or including it in a calendar etc.
I, personally, believe every one should have control of their own likeness and that ANY photo taken of me should be accompanied by a model release. I treat any other person I photograph the same way.
So why limit yourself to Flickr when all it takes is a quick explanation of who you are, what your are doing and quite often simply a promise to send a JPEG of the image(s) you capture to that person. You have now met the requirement of providing compensation to the model.
To me, it's just good business practice and courtesy.