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Commercial use of peoples images in street.

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  • 20-04-2016 12:01pm
    #1
    pullandbang
    Hosted Moderators Posts: 4,948 ✭✭✭


    I'm in a position to sell about 15 images which will be printed A1 size, framed and hung in a private building that is open to the public. All of the images are local and are being hung in a local building. Some of the images have people in them who will be easily identifiable (given the size of the prints) so I'm wondering where I stand in terms of usage. I don't have signed releases and some of the people are kids.


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    #2
    DaireQuinlan
    Registered Users Posts: 6,681 ✭✭✭DaireQuinlan


    pullandbang wrote: »
    I'm in a position to sell about 15 images which will be printed A1 size, framed and hung in a private building that is open to the public. All of the images are local and are being hung in a local building. Some of the images have people in them who will be easily identifiable (given the size of the prints) so I'm wondering where I stand in terms of usage. I don't have signed releases and some of the people are kids.

    IANAL, but from my understanding you're in the clear. It's not 'commercial use' in the normal understanding, that would be for (say) advertising purposes. These fall under the remit of fine-art usage I'd imagine.


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    #3
    EyeBlinks
    Registered Users Posts: 586 ✭✭✭EyeBlinks


    Congrats, that's a nice sale :D

    There's no problem in using them. That said it's a small place and if someone objects I'd be inclined to remove that image, though that issue is no longer yours when they've been handed over.


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    #4
    Pat Dunne
    Registered Users Posts: 3,001 ✭✭✭Pat Dunne


    Congratulations on your sale.

    I am aware that members are offering you advice in all good faith and that is too be respected. However if you have any real concerns, seek an opinion from a knowledgeable professional such as a legal representative who is familiar with this area.

    Once you have that information you will have no concerns over this or any other future sales.


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    #5
    J.pilkington
    Users Awaiting Email Confirmation Posts: 1,331 ✭✭✭J.pilkington


    Pat Dunne wrote: »
    Congratulations on your sale.

    I am aware that members are offering you advice in all good faith and that is too be respected. However if you have any real concerns, seek an opinion from a knowledgeable professional such as a legal representative who is familiar with this area.

    Once you have that information you will have no concerns over this or any other future sales.

    I would disagree, you are more likely to find the correct legal and practical advice on here due to posters with real life experiences who have gone through similar ordeals than to find a legal firm who can take this on and deal with your query in an efficient manner as most legal firms are not specialists in that area so hence will be expensive for them to issue their guidance which then due to lack of experience in that area may not be practical (eg over aggressive to their interpretation of the law)


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    #6
    ScumLord
    Registered Users Posts: 28,789 ✭✭✭✭ScumLord


    How big is the face in the picture? I've put up photos before where I wanted to hide faces and I just messed the face up slightly in photoshop, blur smudge, grain anything that can put a blemish that makes the person unrecognisable without making them stand out. If the people aren't the main focus I think you can get away with it and most people won't notice unless they look directly at the person.

    Although if you've printed out already it's probably a bit late for that.


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    #7
    magicbastarder
    Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 48,677 CMod ✭✭✭✭magicbastarder


    just photoshop your own face over every face visible in the photo. simple.


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    #8
    mdebets
    Registered Users Posts: 1,747 ✭✭✭mdebets


    Congrats on your sale.

    I think there are a few things to consider.
    I presume it is purely an sale of art work to be hung in the building (rather than to be used as advertisement) then you should be fine.
    The only potential problem could come if the business who is buying the pictures is controversial and the people in the pictures oppose it (e.g. if you sell pictures that have anti water meter protesters in them to Irish Water). In such a case you have a chance of these people trying to sue you (not sure what the outcome would be, but I would talk to a solicitor about it).

    Besides legal problems, you have also to see non legal problems. As the subjects of your pictures, the place the pictures are hung and yourself come from the same area, the people are most likely to see themselves in your pictures. Could you live with your neigbours accusing you of all sort of things (from making money of their beautiful pictures without permission to being a pedophile stalker who sells kids pictures)? All accusation that would be unfounded but only you know the people and if they would be likely to voice them or if you could live with them if they do.


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