Years ago I read a book called "Legal Aspects of Photography." At least
that's what the cover says. The title page says "Legal Problems in
Photography." I still have it--the author is Robert Veit Sherwin, and it's
an Amphoto book, copyright 1957, 6th printing, July 1969.
The aspect that concerns me here is "invasion of privacy."
The book quotes a New York law, saying that you may not use "for purposes
of trade, the name, portrait, or picture of any living person, without
first having obtained the written consent of such person..." There's also
discussion of how you may photograph a person in the context of a crowd or
general ambience of a public place. But if you single the person out, and
that person is not a celebrity, and you publish the picture, you have
invaded that person's privacy and they can sue you.
This doesn't apply to a news photo, where the person is part of a
newsworthy event. But it can apply *later*, if an old spot-news photo is
used again after the event.
There's also a non-privacy means to sue a photographer--a tort action. If
a person feels they have been wronged by the appearance of the photograph,
they can sue for pain and suffering, holding up to ridicule or showing in
an unfavorable light, loss of reputation, etc.
What this boils down is that except for journalists covering a newsworthy
event, a photographer may not use a picture of a person for any commercial
purpose without the subject's consent.
I remember when I read the book, I began to wonder whether it was safe to
*ever* have a person in one's photographs!
And, if you photograph someone's pet and publish the picture without the
owner's consent, they can sue you for that, too. And if you include in a
picture any recognizable trademarked product, such as a can of Coca-Cola
(TM), you need permission from the company before you can use that picture
commercially, too.
But how does all this apply to the Web? If I photograph people on the
street for art's sake, and then put the pictures on a Web site But how does
all this apply to the Web? If I photograph people on the street for art's
sake, and then put the pictures on a Web site, can I be sued? Note that
I'm not selling the picture, I'm just posted it for my fellow photographers
to critique and anyone who hits my Web site to admire.
Just wondered if anyone has ever encountered these issues, discussed them
with a lawyer, etc.?
--- Peter
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