Not at all, IMO.

If Street Photography, as a genre, as a way of making saleable photographs was needlessly restricted by the need for releases, it would never have gotten off the ground and would die out.

Regardless of the letter of the law, it comes down to common sense. Most laws are too broadly written which is why the courts continually redefine them. Enforcement of most laws only comes about because there's an aggregious violation of the intent behind the law which is blatant.


Tom C.






From: Godfrey DiGiorgi <[EMAIL PROTECTED]>
Reply-To: [email protected]
To: [email protected]
Subject: Re: copyrights
Date: Mon, 3 Apr 2006 16:18:09 -0700

Again, I am no lawyer and have little to gain from pursuing a specific opinion on this matter. I'm interested in that I'm showing and selling photographs that contain people, as do many other street photographers who publish their work. I know that the vast majority of that work is sold without releases for the people in the pictures.

So here's a situation that comes straight home to me. My current exhibit (on display until April 16, btw, if you are local and want to go see it...) has several pictures of people in it. The pictures are, in essence, about them and the city I photographed, Ramsey on the Isle of Man. I have no model releases for any of these photographs. They were intended to be used for display and sale, editorially and as art but not in advertising.

The Isle of Man Examiner, when informed of my show, did a feature article on my show (see http://www.gdgphoto.com/ramsey/yank/) and chose a couple of the photos to present in the article. They never asked me for releases, never went to the people in the photo for releases to the best of my knowledge. I will assume that they know what they're doing with regard to liability and releases.

How does this differ from me taking the same photograph(s) and making them into T-shirts for sale to those that like them?

Godfrey



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