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Jinx 02-23-2012 09:46 PM

Publishing photos
 
Ok, educate me. I was wondering if I took a picture of a person and used it for personal gain without their permission is against the law as it represents their face. But lets say the person is wearing a paintball mask, am I then allowed to use the picture because you can't see their face?

popsplat 02-23-2012 09:48 PM

do they have a jersey on with their specific number or name?

Jinx 02-23-2012 10:12 PM

Quote:

Originally Posted by popsplat (Post 2225220)
do they have a jersey on with their specific number or name?

Nope, just random rentals and regulars at the field

popsplat 02-23-2012 10:34 PM

i don't know specific rules about that. did they sign the waiver for the field? i think you might be covered under that.

Frink 02-24-2012 12:29 PM

Normally you need a model release.

If there's no way for that person to be identified in the photo (i.e. face, name, or unique attributes), it's a non-issue because the person can't prove they're in the photo.

Jinx 02-24-2012 08:47 PM

Quote:

Originally Posted by Frink (Post 2226049)
Normally you need a model release.

If there's no way for that person to be identified in the photo (i.e. face, name, or unique attributes), it's a non-issue because the person can't prove they're in the photo.

So basically if they are wearing a mask, and it is hard to tell who it is, I should be fine?

Frink 02-24-2012 10:46 PM

If you change "hard" to "pretty much impossible" that's right.

If you couldn't see the face or number on the jersey, but they have a very recognizable one of a kind mask or marker (like at a championship game or something) you'd need a release.

This is all assuming that it's not an organized event that you have a contract to shoot. In that case, your agreement with the event host should cover it all.

ballyhoo33 02-26-2012 09:05 PM

I've had photos of woodsballers published and never had any issues with model releases or the pbulications getting fussy about identifying people. They just looked like random guys playing. No discernible features.

Ninjamitch 02-28-2012 04:52 PM

Quote:

Originally Posted by Frink (Post 2226049)
Normally you need a model release.

If there's no way for that person to be identified in the photo (i.e. face, name, or unique attributes), it's a non-issue because the person can't prove they're in the photo.

Right on the Money!

pixguy 02-29-2012 07:39 AM

its a tough call....just make sure you can't ID the person in the photo. Even more so if you plan on making money with the photo.
If its for personal use (self promo, web sites and such) there shouldn't be much drama.
Best bet is when you get a killer photo, try and find the player and have them sign off on the pic with a model release.


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