Taking Mainstream pictures in public.... - GoFuckYourself.com

SuzzyQ · 10-04-2009, 09:58 AM

I have a question about taking mainstream pictures in public and I am not sure about the legal issues. Any advice would be greatly appreciated.

If you go to a public event and take pictures, and then try to sell them, are their any legal issues with this?..

Keep in mind I was not asked to take the pictures.

Any legal help would be appreciated.

Kevin Marx · 10-04-2009, 10:21 AM

Pictures in public are different than private locations. You have to address someone's expectation of privacy in the location where the picture was captured.

A public beach, no problem... taking paparazzi shots of vaginas under swimwear with a 600mm lens on the beach... a little more problematic, but you also don't include a face in the picture, so not that big of a deal.

I have read on copyright cases where a company like Coca-Cola fought for copyright infringement because someone snapped a shot of a building and the Coke logo was there.... it came down to how much of the picture was about the Coke logo (which wasn't much, it was just a small percentage). Even in those instances you can include trademarked or copyrighted works if they are not the majority/focus of the picture.

What it all really comes down to though, in the end.... how good are your lawyers if there is ever a problem? You may be right and within your rights, but do you have enough money to get to the point where someone else has to pay your attorney's fees to prove that point (as you have to finance that up til a judgement occurs)?

d-null · 10-04-2009, 10:30 AM

Quote:

Originally Posted by Kevin-SFBucks

...What it all really comes down to though, in the end.... how good are your lawyers if there is ever a problem? You may be right and within your rights, but do you have enough money to get to the point where someone else has to pay your attorney's fees to prove that point (as you have to finance that up til a judgement occurs)?

best rule of thumb on so many issues

Fletch XXX · 10-04-2009, 10:32 AM

I always assumed as long as you arent FOCUSED or zoomed in on one person and its just a shot of say a street you are okay.

But if you follow a stranger down a road taking pics of her you stand a chance of problems.

Fletch XXX · 10-04-2009, 10:33 AM

Quote:

Originally Posted by Kevin-SFBucks

I have read on copyright cases where a company like Coca-Cola fought for copyright infringement because someone snapped a shot of a building and the Coke logo was there.... it came down to how much of the picture was about the Coke logo (which wasn't much, it was just a small percentage). Even in those instances you can include trademarked or copyrighted works if they are not the majority/focus of the picture.

right, thats what I was trying to say above in my post.

it is the focus of the image that makes the difference.

Horny Dude · 10-04-2009, 10:33 AM

I shoot pictures all the time at events here in San Diego for a mainstream site of mine, plus I sell the photos to a news site here. If I'm shooting kids -which is most of the time - I always get the approval of the parent before I shoot. If I can't get it before I usually ask them afterwards. Most of the time I need to get their info anyway for caption if published.

Davy · 10-04-2009, 12:50 PM

Quote:

Originally Posted by Fletch XXX

I always assumed as long as you arent FOCUSED or zoomed in on one person and its just a shot of say a street you are okay.

10-04-2009, 09:58 AM	#1
SuzzyQ Confirmed User Industry Role: Join Date: Dec 2006 Location: Along the shore. Posts: 1,557	Taking Mainstream pictures in public.... I have a question about taking mainstream pictures in public and I am not sure about the legal issues. Any advice would be greatly appreciated. If you go to a public event and take pictures, and then try to sell them, are their any legal issues with this?.. Keep in mind I was not asked to take the pictures. Any legal help would be appreciated.

10-04-2009, 10:21 AM	#2
Kevin Marx Confirmed User Join Date: Apr 2007 Location: Phoenix, AZ Posts: 1,888	Pictures in public are different than private locations. You have to address someone's expectation of privacy in the location where the picture was captured. A public beach, no problem... taking paparazzi shots of vaginas under swimwear with a 600mm lens on the beach... a little more problematic, but you also don't include a face in the picture, so not that big of a deal. I have read on copyright cases where a company like Coca-Cola fought for copyright infringement because someone snapped a shot of a building and the Coke logo was there.... it came down to how much of the picture was about the Coke logo (which wasn't much, it was just a small percentage). Even in those instances you can include trademarked or copyrighted works if they are not the majority/focus of the picture. What it all really comes down to though, in the end.... how good are your lawyers if there is ever a problem? You may be right and within your rights, but do you have enough money to get to the point where someone else has to pay your attorney's fees to prove that point (as you have to finance that up til a judgement occurs)? __________________ ICQ: 370 037 008

10-04-2009, 10:32 AM	#4
Fletch XXX GFY HALL OF FAME DAMMIT!!! Join Date: Jan 2002 Location: that 504 Posts: 60,840	I always assumed as long as you arent FOCUSED or zoomed in on one person and its just a shot of say a street you are okay. But if you follow a stranger down a road taking pics of her you stand a chance of problems. __________________ Want an Android App for your tube, membership, or free site? Need banners or promo material? Hit us up (ICQ Fletch: 148841377) or email me fletchxxx at gmail.com - recent work - About me

10-04-2009, 10:33 AM	#6
Horny Dude Earn enough to buy coffee Industry Role: Join Date: May 2002 Location: San Diego, Ca. Posts: 4,912	I shoot pictures all the time at events here in San Diego for a mainstream site of mine, plus I sell the photos to a news site here. If I'm shooting kids -which is most of the time - I always get the approval of the parent before I shoot. If I can't get it before I usually ask them afterwards. Most of the time I need to get their info anyway for caption if published.