Can You Publish Your Photo?
Lincoln Specter at PC World, asks can you be sued for photographing people in a public space?
The answer depends on what you end up doing with your photograph.
You own the copyright to any pictures you take unless someone is paying you to take that photo. However, when that picture starts generating income, things get a little tricky. If you sell it to a newspaper, that’s considered fair use. But if you use the image in an advertisement or in a blog with advertisements, you’ve violated your subject’s privacy and he or she can definitely sue you.
The laws differ from state to state and vary depending on where the photograph was taken, where the subject lives, and where the photo was published.
Many lawyers recommend creating a model release. Take a look at this sample from the New York Institute of Photography.
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