Quote:
Originally Posted by jdwalz
Now, if you have photographed persons in a studio for payment then I would say that you gave up certain rights by selling the photos, and more, you gave the person who paid for the portrait an expectation of privacy. Unless you somehow stated in writing that the pictures taken will become common property or that you maintained exclusive rights over the final product, then I believe you have a conflict over the reasonable right of privacy. It would seem rational that a person who enlists a photographer for a portrait and pays for the final product can expect not find that product on the internet or in any other medium.
I would say that getting a legal release from your clients would be a wise action before you proceed if only because the law is NOT always rational and even with the best of intentions you could end up having to defend your actions against some angry clients.
(I'm assuming you are talking about an online portfolio - otherwise, if these were print photos being shown to potential clients or agencies, you would probably be fine and not have to worry about the legalities.)
The solution I have used for photographs I have taken which fall into that gray area of payment/privacy is to place those photos in a password protected portion of the online portfolio and only allow a few people to see them at my discretion.
Best of luck with your portfolio.
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Selling photos doesn't mean you give up ANY rights. It isn't a privacy issue unless you're talking about commercial use, which this isn't. If it ended up in an ad, then you'd be talking about false light.
It isn't a privacy issue, the photographer holds all rights to the images, period. A person only has rights to the commercial use of their own likeness.
Medium (web, print, slide, t-shirt, whatever) is irrelevant.