photography /legal matters

TEN BEARS

Is it ok to publish a picture of a person watching a parade without her permission. The picture was taken on the street .

AnCatDubh

Define "published" - Commercial or someone throws it up onto a web site / flickr / pix.ie ?

In general if you are in a public place then you will be fair game. If you are on private property, or if there is a reasonable expectation of privacy then the legals may find in your favour.

Commercial publication should you be the main subject of the image and you will have a reasonable case to seek damages.

Eitherways, have you requested from the photographer that it be removed if its unsettled someone?

/need more info.

pixbyjohn

DSC_5308 by pixbyjohn, on Flickr
This was taken at last years Saint Patrick's Day Parade in Greystones

TEN BEARS

I am the Photographer, I took a nice shot of a young girl (15yrs approx.)on St Patricks day, she had a shamrock (transfer) on her cheek, lovely shot.
thinking of entering it in competition.

pixbyjohn

I don't know what the legalities are in your case. Will the organisers wish to use your photo in the future for any commercial purpose ? Its really a minefield and you probably would need sound legal advice rather than "off the top of the head" opinions that you may get on a forum like this.

TEN BEARS

Ok thanks for that.

AnCatDubh

Try over here. Some good info.

Unfortunately I think it will be down to interpretation.

Check if the competition organisers state that they want/need model releases if there are people identifiable in your entry -- such a condition wouldn't be unusual.

PCPhoto

if you wish to enter it into a competition you are entitled to. (under the terms of "art" - you do not need a model release)

if the promoters wish to use the image for commercial purposes - they need to seek a model release.

(it could be worth adding a note in when submitting the pic for competition - that you do not have a model release - but for the purposes of the competition you believe you are allowed to submit your piece of art - let their legal team figure out if they can use it or not)

NOTE: This is not legal advice - just my interpretation of the situation.

Check the terms and conditions of competition entry (ie. model release required, copyright etc etc)

EDIT: Does the girl know she was photographed at the time ? - if so then you can definately enter it, I would be 95% certain you can enter it anyway.

Paulw

Something like this ?



I think PCPhoto has a very good reading of the situation, and you should be alright.