Invasion of Privacy Laws Require Amateur Photographer to Get Model’s Release
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Summary
Invasion of privacy laws require that before selling a photograph or video of someone, an amateur photographer (as well as a professional photographer) must have the permission of their subject. |
“If I either take pictures or video people with my camera can I sell the video/pictures without having verbal consent or written consent from them?”
Generally speaking, you should have a signed model’s release form before you attempt to do anything commercial with somebody’s likeness, whether it is a still picture or video, or you run the risk of running afoul of privacy laws, and a lawsuit for invasion of privacy. There are a few extremely narrow exceptions, such as those having to do with newsworthy events, or a public figure, but they are narrow enough, and tricky enough, that unless you are a professional who really knows what they are doing (in which case you probably wouldn’t be asking this question), it’s not worth the risk.
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For more on this subject check out these categories: Business Law, Privacy Law
Anne P. Mitchell, Esq. is a noted family law expert, Internet law expert, and Professor of Law at Lincoln Law School of San Jose. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.
