Can I take pictures of someone on street and put them in my book? Legal? - Writers Forum

keano · 01-09-2006, 06:51 PM

I am working on a coffee table type of book. More like interviewing people and getting opinions. Thing is I want to take there picture and put it in my book along with there
opinions. Can I do this or could I be sued at a later time by someone saying they want there photo in it?

kalibantre · 01-09-2006, 07:00 PM

If you're interviewing them, surely you can just ask them while you're conducting the interview?

keano · 01-09-2006, 07:07 PM

right, he said she said. Would it matter down the line that they change there mind. Or would it not matter as it is a case of he said she said?

kalibantre · 01-09-2006, 07:10 PM

Get them to sign something.

Then it is legally binding, I suppose if down the line they change their mind and are polite about it, if I were you I'd take it out, and just say that they respectfully declined having their photo in the book.

But if they have signed something to say that you can use an image of them then you can.

What is not ok is for people to take photographs and copyright them under their name when the copyright legally belongs to you. That's quite annoying.

Before they sign something, they own the copyright of their own image.

mammamaia · 01-09-2006, 09:11 PM

[quote]Thing is I want to take there picture and put it in my book along with there
opinions. Can I do this[quote]
...NO!...

Quote:

or could I be sued at a later time by someone saying they want there photo in it?

...absolutely!... that is, if you meant 'they don't want their photo in it'... you must get a signed release from anyone you will include in your book, whether in a photo or a quote... if you don't, no publisher will touch it... if you publish it yourself without getting releases, you're committing legal and professional suicide...

Quote:

Before they sign something, they own the copyright of their own image.

...not true... the photographer is the only one who owns the copyright for the photo he/she takes... the person/people in the photo have no claim to it, but can sue if it's used without their permission...

Mike C · 01-10-2006, 01:55 AM

Get a model release form, and use it religiously. You can find examples all over the net.

missmojorising · 01-10-2006, 02:18 AM

Quote:

Would it matter down the line that they change there mind.
Can I do this or could I be sued at a later time by someone saying they want there photo in it?

Their is really no other way for me to put this---

keano · 01-10-2006, 01:14 PM

Thanks for replies all.
to give a bit more information on my project let me explain.

It is a coffee table book aobut people living on the streets and there stories.
So I ask questions, take there pic and have them sign a waiver should be fine then?

mammamaia · 01-10-2006, 05:48 PM

as long as the release form is legally binding... make sure you get one from a reliable source... you should be able to find one at www.wga.org ... as that's the writer's union, you can be sure their forms are professionally drafted...

also, be sure to quote your subjects accurately... if you don't, they can cause you grief... it's best to back up your written notes with a tape recording of the interviews... that way you have proof of the accuracy of your text, if ever questioned...

Kat · 01-11-2006, 07:04 PM

As long as you are on public property and not using a telephoto lens you can take a picture of any one that you want. How do you think the paparazzi make money? As long as they are in public! It is completely legal and you do not need to get permission from the subject and they can not sue you later. Although if you are going to interview them you would probably want to get a release form, just polite.

mammamaia · 01-11-2006, 07:23 PM

sorry, kat, but what you said only applies to those who are 'public figures'... 'ordinary' people have a right to privacy and it is NOT 'legal' to do that... please check into things more thoroughly before giving advice that can get folks in trouble...

Kat · 01-11-2006, 07:26 PM

Really, well maybe I should correct my Journalism professor. It might vary from state to state but here it is legal.

Kat · 01-11-2006, 07:39 PM

Okay I will admit to being somewhat wrong. You would need to get permission for a coffee table book.

The oldest of the four types of invasion of privacy consists of the use of a person’s name, picture, or likeness without that person’s permission, usually for commercial exploitation.

However, news coverage is not considered a trade purpose, and those who are featured in news stories cannot collect damages for appropriation.

Sorry

mammamaia · 01-13-2006, 01:42 AM

no prob... glad you checked and found it's not legal except in journalism... i had no idea that was what you were using for a reference, or would have pointed that out...

and it's not just for 'coffee table books'... if you used photos and quotes in any other kind of book or in a magazine article [not a 'news' article'] releases would be required...