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I asked this question at a seminar in San Diego . . . and the attorney said that if it is a posed photo, there must be a release . . . if you just happened to catch something in the background, no release was required.
Not sure how that would apply if you just started taking pics of chicks at the beach without their knowledge. This is the kind of thing you should talk to an attorney about rather than get your legal advice at GFY
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