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pictures in public? legality?
correct me if im wrong, but i want to be sure... if i took pictures in a public setting, i'm free to publish them as i please?? this must be right or paparazzi wouldn't be able to do so... right?
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Paparazzi pics of public figures may or may not be "legal" depending on whatever country - anyways, that has little to do with "public settings". Depends what the pics are - if it's simply people in a street, no problem. If it's pics up skirts in a street - another story. |
very difficult legal issue
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not sure what the EXACT kaw is - but to answer your sweeping question - yes and no. you can publish them as you please (as paparazzi do), but you can also be sued if the person you take photos of is personally damaged (like celebrities often are).
editorial use is generally accepted, commercial use is questionable without model releases. i knew a guy who took a photo of two elderly people standing on the beach at sunset from behind. no way to tell who they were. he sold the photo for a billboard advertising adult diapers. the people recognized themselves in the ads - and even though nobody else would ever know it was them - they were offended and sued the photographer for everything he had. it's ALWAYS best to have a model release for commercial purposes. |
post the pics!
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If you take for example a picture of a church and there are some people in fron t of it within the picture, it's legal. If your main aspect are the people in fron of the church, it's not legal. That easy.
A magazines counts different: If a paparazzi photo is published, and the magazines will sell 40.000 time more copies which makes an earning of for e.g. $60.000 but the have to pay the girl/guy for this $30.000 (as the court will deceide) they are still on the winning site :D |
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