Permission To Use People's Photos

[katana]

Does anyone know the law with regard to using people's photos without permission?

A few years ago in Thailand I took a photo of 2 of the Thai dancers in traditional Thai costume at the LAK MEUANG shrine just off SANAAM LUANG in BKK. They had just finished their dancing and were sitting down at the side of the stage, watching the next LIKAE performance. It's a nice photo, of them smiling at the actors on stage.

The photo may be used in a book (available worldwide) for commercial purposes and I don't think there's any way of contacting them to ask their permission. Do travel photographers really get all their subjects to sign consent forms?

Thanks in advance for any advice/help.

[baahjun]

simple: without permission not allowed to use for commercial purposes.

[jukapot]

For how many years is permission required? I have some photos going back 30 or 40 years that were taken in Laos and Thailand.

I am in process of digitalizing them now and had hope to use them in any manner with out getting the subjects permission.

[katana]

From the Sirimo website it says:

The lack of any coherent law of privacy in the UK means that photographers are not only free to take photographs of people in public places, but they can use those photos as they wish, including for commercial gain. In some countries, individuals have rights over the commercial use of their images, hence the importance of obtaining a model release for the use of an image that contains a recognisable person.

So the laws seem to vary from country to country. I guess paparazzi photographers don't use consent forms too lol.

I don't know what the laws are in Thailand though.

The whole thing is most probably a grey area. Presumably if the photo's a nice one and you don't embarrass anyone, there's less chance of any comeback.

[AnalyzeThis]

Pretty much all you need to know about model release there: http://www.danheller.com/model-release.html#8.8

eventhough it doesn't cover Thailand specifically.

Hope it helps,

[jdinasia]

Candid shots in public most often do NOT require a release.

[Nignoy]

I used to get my animal and bird study photo,s developed in camberley, little did I know they were taking copies of my chimp, orang and gorilla studies and selling them to publishers for reproduction as posters and postcards, I had taken some photo,s of one my eagle owls in full flight at a fox, a few months later posters started to appear at weekend markets and carboot sales,the photo studio denied all knowledge of the theft , blamed it on 1 of their sub contractors ,I was told no crime no fine Nignoy

[katana]

Thanks AnalyzeThis and jdinasia.

From the Danheller link (nice link by the way), it 'looks' like using photos without a release form in editorial (teaching) books and on book covers (which is what the photo would be used for), is ok:

"...For example, a well-known school textbook company using an unreleased image in an educational context does not require a release..."

"...a photo could be used in an editorial context without the need for a release..."

"...Publishing photos of recognizable people in editorial books (which includes almost all books) never requires releases (though publishers often ask for them anyway, for reasons discussed in Model Release Primer.) It was thought at one time that the one exception is a book cover, which was considered commercial in nature because it's considered the part that "sells the book." But it turns out this isn't true either... "

[RAZZELL]

Does anyone know the law with regard to using people's photos without permission?

A few years ago in Thailand I took a photo of 2 of the Thai dancers in traditional Thai costume at the LAK MEUANG shrine just off SANAAM LUANG in BKK. They had just finished their dancing and were sitting down at the side of the stage, watching the next LIKAE performance. It's a nice photo, of them smiling at the actors on stage.

The photo may be used in a book (available worldwide) for commercial purposes and I don't think there's any way of contacting them to ask their permission. Do travel photographers really get all their subjects to sign consent forms?

Thanks in advance for any advice/help.

In the UK and most other countries a photo taken in a public place does not require a consent form (unless perhaps the subject is a minor).

Can you imagine all these great images that come from war zones with the photographer stopping to ask for a release??? Steve McCurry in Afghanistan? I don't think so...

However, certain stock libraries do require a release form.

The one notable exception being France which has strict privacy laws.

RAZZ

Edited March 28, 2008 by RAZZELL

[katana]

...The one notable exception being France which has strict privacy laws.

RAZZ

Are you sure about that? Just thinking about Diana and Dodi being chased in France by the paparazzi.

Edited March 28, 2008 by katana

[RAZZELL]

...The one notable exception being France which has strict privacy laws.

RAZZ

Are you sure about that? Just thinking about Diana and Dodi being chased in France by the paparazzi.

Yes. The law's have changed in the last 10 year's.

Google Sarkozy and Carla Bruni!

RAZZ