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About Barry Benjamin
Expertise
I can answer basic questions about using any camera, but I am very familiar with most of the Nikon FILM cameras up to the FP 5. I have some background in advertising and marketing so I know something about placement of the object or person that would be the main focus of the photo. I did quite a bit of in home family portrature when I had my own studio in the '80s and '90s. I also did some product and commercial photography. I took most of the marketing photos for my families hotels in The Bahamas over the last 20 years so I have some experience about what 'sells' in the travel/hospitality industry.

Experience
Started photography in 1967, also worked as a newspaper printer in Molina, Oregon in 1975, I owned my own studio from 1982 to 1996 and sold my travel images as stock since then.

Organizations
Commercial Photographers International

Publications
Isles of Eden, author Harvel Lloyd, published by Benjamin Publishing 1992

Education/Credentials
Padgett Thompson, Basics of Design Using Desktop Publishing, 1994 Rochester Institute of Technology, Printing for People who aren't Printers, 1993 Creative Photographic Seminars, Achieving the Optimum Results in 35mm B/W photography by Harvey Glick, 1978 Seminars with Harvey Lloyd in 1980 and 1981 Seminars with Lucien Clergue in 1982 and 1983

Past/Present Clients
Many families around Cleveland and Akron, Ohio; MEDI, Henderson Photography

 
   

You are here:  Experts > Arts/Humanities > Visual Arts > Photography > public

Topic: Photography



Expert: Barry Benjamin
Date: 6/14/2008
Subject: public

Question
Hi, I have googled my brains out trying to find out if taking photos of someone on a public street with intentions of selling them needs a signed consent. For instance, If I took a shot of a motorcycle on a public street and their face was identifiable, or, what if I took a shot of a person on a motorcycle with a full face tinted helmet and you couldn't see their face at all?  Could the person say, "well that's me because my bike is a blue honda with a special decal that I put on it myself."   With the paparazzi taking pictures of people's faces in plain view all the time and reselling them, I don't understand why I would need consent to sell the shot of this bike or car.
Thank you so much for your time.

Answer
First of all I would go to the Professional Photographers of America web site and look at their consent form. I would also contact them and ask them what they think are the appropriate situations that you would need to ask for a signed consent form.
Secondly, the way I understand the law the requirement is based upon personal privacy. Celebrities and stars have very little personal privacy outside of their homes. Ordinary people though have considerable personal privacy in most situations. I guess another very good think to do would be to consult a lawyer who is knowledgeable about these issues. I hope this helps.

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