Expert: Don Wood - 4/20/2005

Question
Good Morning! Can you tell me under what circumstances are releases necessary to use a photograph. Of course I mean one that was taken personally, not a purchased one. People outdoors ok? Homes or gardens? That type of thing. Thanks for your time and assistance.

Answer
Good question. A picture with people in it should always have a release unless it is used as a news picture in a magazine or newspaper or on TV. After all if you take a picture of a couple  enjoying the beach, it could be that they are married to other people and are doing something illicit or immoral. Stay away from taking pics of people doing something embarrassing, you could be sued if they are offended. If it is a news event than no release is necessary unless the picture is used in an advertisement. Homes and gardens are treated by asking and getting a release from the owner. Again it depends upon whether it is a news event. You can believe that a person in a purchased picture is recompensed for their trouble, even if only a picture is tendered to them. They must be repaid for their likeness being rendered for resale.
Good Luck,
Don