I have a number of candid photos taken of strangers in public places. Is it legal for me to post any of them on, say, Webshots.com without having obtained a release from the subject? Most of these pics were taken as much as 30 years ago, and there was never any intent to embarrass anyone. One woman, who had a little dog in her lap, looked as if she and her pet had the same hairdresser. It was taken in a tourist location, in public. Could I get sued for posting it? Others are of people at Hollywood Park racetrack. If they were’nt supposed to be there, I suppose they might object to a public posting of the pictures, but they were taken more than 25 years ago. Great candid shots if I do say so, but is there some kind of statute of limitations that would protect me if I did show them? If any professional photographers out there know the answers, I’d appreciate your input.
Former Full-time, Currently Part-time Professional Photographer here.
You are allowed to display any photo you have taken without any releases being necessary, if there is no intent to profit or derive material gain from the display and/or use of the photos.
You don’t ever NEED a model release - and in the case of thirty year old pics you’re probably okay - but anybody who is ‘clearly recognizable’ in the photograph does have a strong chance of winning a judgement against you. So it’s always SMART to have one if you are looking to profit from the photos.
You will never need a release if the photograph is ‘newsworthy’ (interpretation left to the courts) - I have always taken a very cautious stance with this, but that’s the rule.
I would only truly be concerned about legal consequences of not having a release for pics that old if the material in the photos could be construed as embarassing, libelous or damaging to a person’s livelihood or welfare, or if I were trying to sell them.
As I am a concert photographer primarily, I tend to have stronger protections than most because I am always a) at a ‘newsworthy event’, b) at a public event by permission of the likeness holders (the artists) and c) concert-goers have implicitly given consent to being photographed by entering the venue.
That said, I have a bunch of other constraints that apply to me, mostly in the form of the releases and usage forms I have to sign to get access to a venue or artist.
If you have more specific questions, let me know. I have tons of reference material that I’m currently too lazy to dig out, but if you have a more specific question I’ll see what I can do.
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It depends on where you took the photo and where you publish it.
Here’s a thread from a few years ago dealing with the law in Quebec .