I haven't had much time to get into any of the discussions here but I
thought I ought to add my 2 cents to this very interesting topic on
Independence Day.
I think every photographer should be familiar with the issues of what
requires a model release or license and what does not. Any time one
shoots people on the street or in public they are fair game for anything
that is journalistic or information related. The photographer is free
to sell these images as works of journalistic expression. However, if
the intended or actual use of these individuals is for purely commercial
or advertising promotion of a product or service with no journalistic
expression whatsoever, then there is no fair use to the images. And a
license or model release must be obtained. This same idea follows
through to things other than people. If you shoot a picture of an
object on the street or in public view it must meet the same fair use
use standard. Journalistic expression is compared to freedom of speech
or expression. And yes, if someone wants to pay for that expression you
are certainly entitled to be paid for that image just like any other
image you shoot.
It's the use of the image which determines whether or not it is
necessary to obtain a release. Images shot purely for journalistic
expression or for capturing reality for the sake of just recording
(freezing) a scene in real life are always protected uses under the
First Amendment in the United States. And like any speech or expression
the author is entitled to be paid a fee for making that expression. The
rights to that photograph can be copyrighted by the photographer.
Anyway I think this is something every U. S. photographer should
understand especially on Independence Day.
A happy and safe Fourth to all.
Phillip Franklin
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