art permissions question

crake

When people (or even brands?) appear in photos that are used for artistic purposes, does one have to ask permission of the subject in order to display? I'm thinking along the lines of photography where the subject doesn't know their image is being captured.

My theory is that permissions aren't required if there is no money made off the item. However, what if one were to sell the image? Just once? What about limited prints. Is this still under the category of non-commercial?

Godfather

Check the rights of the brand/image that you're trying to work with; sometimes they expire and aren't picked up again by the original creator or other companies. It's the reason why Disney makes those terrible direct-to-video animated movie sequels of their older franchises; to retain the rights and trademark of that product.

If there's no strings attached, then you've nothing to worry about. However, this probably won't be the case for most material out there.

blincoln

It's complicated.

If the photo was taken in public, you're not supposed to need permission. However, if by "exhibit" you mean "use in an ad campaign," that's different.

Can you be more specific about the content of the photos you want to exhibit, and how they will be exhibited?

Grundlterror

I remember reading something about this guy that sat by this pothole in the street and waited for someone to ride their bike over it and go over the handle bars to take a picture. The guy got all upset and basically found out that if you are in public you have no rights to any pictures taken of you. However the photographer I believe was getting charged with something, like a good samaritan law or something. So if you take a picture of someone in public, it belongs to you not them. Think paparazzi.

blincoln

It's not always that easy, though. For example, I can't wait for a model to appear in public, take her picture, and then use that photo for an ad campaign, implying that she endorses the product.

Szechuanosaurus

Regardless of whether it's a studio or a public situation, the photographer owns the rights to the photograph exclusively. He took the photograph, he owns the rights to it. Photographing someone without their permission, however, is likely to be a lot more complicated. It's going to depend on lots of things like local privacy laws, copyright laws, freedom of information laws, freedom of the press, fair use, right of publicity and so on.


This page seems to sum it up pretty well for the states, although you should bear in mind that stuff like privacy laws vary around the world.


It's worth noting, as that article states, that photographing people in public isn't the only complication you face. Buildings constructed after December 1st 1990 are protected by copyright law as is anything protected under copyright but displayed in the public domain, so long as the copyright limitation hasn't run out.