Thread: The Street
View Single Post

Old 05-17-2018   #13
Registered User
willie_901's Avatar
willie_901 is offline
Join Date: Dec 2005
Posts: 5,357
Originally Posted by dugrant153 View Post
My main question is about publishing... How do you know when it is right to publish an image? And how far can you take it? It's hard to ask for a "sign off" from every single person in the photo. I think the USA is a bit more lax. Canada is not bad but some rules are a bit undetermined?
I have no idea about Canada.

In the US you can publish freely for editorial use. Editorial use covers all usage that is non-commercial.

Commercial usage is typically considered advertising. You use someone's image to imply endorsement of a product or service. Commercial usage is legal with a model or property release. Minors can not sign a model release.

Editorial usage means you can sell prints, books or other works that fall within free speech – which includes artistic expression.

In the US you can not violate someone'e expectation of privacy. In some jurisdictions the legal standard for expectation of privacy is based on the privacy you would expect behind closed doors. In general, anyone in a public space (even on private property) has no expectation of privacy. You can not photograph when trespassing. You can not publish works that defame someone.

More restrictive US laws limiting making and publishing photographs for editorial usage are passed form time to time. As far as I know, all of tykes have not held up under appeal.

Often individuals voluntarily impose subjective limitations on editorial usage. Sometimes this sort of self-regulation is incorrectly used tp judge others.
Basically, I mean, ah—well, let’s say that for me anyway when a photograph is interesting, it’s interesting because of the kind of photographic problem it states—which has to do with the . . . contest between content and form.
Garry Winogrand
  Reply With Quote