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Permissions for publications
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I am in the process of completing a book for online publication covering the market areas of Dublin & will have close up images of people in public places .
As the book will be offered for sale, is there an issue regarding recognisable people that will be included without model release being obtained ?
Can anyone offer some advice on this ?thanks,
GerryHmm, I wonder why so few replies on this one. I think about this too, a lot. Any book or work on street and documentary photography has so many members of the public included, it would be impossible to get releases from everyone. I’ve read interviews with Magnum photographers on this subject, and the best answer (by Bruce Gilden, or Alex Webb, somebody like that) was along the lines of “I just put out the books and hope for the best. Nobody has ever yet complained” In most countries however, you are usually covered as their laws state that once you are in a public place, then your image in that place can be public property (so to speak, I’m no lawyer) and can be taken and published as long as not represented out of context (showing a little old lady at a fruit stall as being involved the drugs trade for instance). Use of public images for advertising and other commercial uses is restricted, however. A private place, such as a home, place of work, even a pub, also requires permission. But again, I am certain a lot of photojournalist imagery taken in these places don’t have releases either. I have taken some quite intimate photos of people in their homes and places of work (and some places of work that are very controversial) but I have no releases for them. But I had permission to take the photos as long as I didn’t portray them inaccurately.
I was never too clear on the Irish legal stance on it, but a recent ruling in the high court in favour of the Sunday World tells us we are pretty safe as long we are honest and not stupid – photographing homeless people obnoxiously, or photographing minors without parents permission, or just being a pure ass, etc. The Sunday World in this case was bordering on harassment, in my opinion, but the judge still ruled in their favour because their photos were taken in a public place, among other reasons, and upheld the newspapers right to freedom of expression. This is what we have when we take photos in a public place.
So, in a nutshell, it’s a gray area, and nothing will really stop anybody taking legal action if they want to. Again the key is, “be sure that nothing is represented out of context”. For your work, documenting street life as it actually was, you will be fine. I trust you never harassed anybody, or similar. You may even find some of the people in your book might contact you looking for prints.
Anyway, see link below for high court ruling.
http://www.independent.ie/national-news/ruling-a-balance-of-contrasting-rights-2371969.html” onclick=”window.open(this.href);return false;
Curious to see if anybody else has views, or lets face it, accurate legal knowledge in this area.
steveb wrote:
I was never too clear on the Irish legal stance on it, but a recent ruling in the high court in favour of the Sunday World tells us we are pretty safe as long we are honest and not stupid – photographing homeless people obnoxiously, or photographing minors without parents permission, or just being a pure ass, etc.
One point there – you are entitled to photograph a minor without parental permission. Children have no special protection under the law when it comes to photography. You are equally entitled to photograph a child as you are any adult, in a public environment.
As for the OPs query … if you are doing a book, you may need to seek specific legal advice from a solicitor who really knows copyright and IP law.
I would love to see some definitive information on the Irish situation regarding photography permissions/releases etc. However, everything I have read so far leads me to believe that there are in fact very few legal requirements relating to taking and publishing photos, including editorial and commercial uses. This includes model releases, which I believe are not a legal requirement in Ireland.
In fact, I believe that from an Irish Photographer’s point of view, model releases (from a legal perspective) only serve to limit the usage of the photos. However, they may be useful from a practical point of view to avoid later misunderstandings and arguments (however unjustified in law). The fact that something is not a legal requirement, won’t stop someone challenging you about your use of a photo.
UK/US law, and requirements for submission to stock libraries are different, and generally more prescriptive.Another reference to the court case :
http://www.irishtimes.com/newspaper/…280700127.html
“The judge also commented that the issue of privacy versus freedom of expression should be a matter for new legislation.
In his judgment, Mr Justice Kearns concluded the publication of photos of the couple and child leaving the registry office were not a breach of privacy because they were taken in a public place when they were performing a routine public function. The photos did not disclose anything that could not have been seen by anyone else who turned up at the registry office at the relevant time, he said.”
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