What’s Your Preference?

rstran · #1 (**permalink**) 10-10-2010, 09:27 PM

I took some pictures today during a surfing competition here in New Smyrna Beach, where I live, this weekend. Some came out pretty nice, and I woud like to dsiplay them in a small collection over at facebook. Can I do that, if I don't have the surfers permission? I don't know any of the surfers that I took pictures of.

dotorion · #2 (**permalink**) 10-10-2010, 09:32 PM

I think you'll be fine as long as you're not trying to make money off the pictures?

After all, it's nothing secretive they're doing, you're not tagging them against their will (since you don't even know their names), etc ..

WooD · #3 (**permalink**) 10-10-2010, 09:40 PM

As far as I know you can.

I've taken 1000's of them, and had them on my web site where people could, and did buy them. Their all still there, but I cleaned it up a bit, and have the galleries unlisted now.

Surf photography is a big thing around here. A surf message board I hang out on has a special section just for surf pictures. People love it.

I stopped shooting surf a couple years ago, but go to the pier anytime a good swell is happening, and it will be lined up with photographers.

theosus · #4 (**permalink**) 10-10-2010, 09:44 PM

Absolutely. Display them, sell them. They have no expectation of privacy outside in a public place. They also have no right to expect money from the sale.

tuxcomputers · #5 (**permalink**) 10-10-2010, 09:52 PM

Quote:

Originally Posted by dotorion

I think you'll be fine as long as you're not trying to make money off the pictures?

This is SUCH a common misconception amongst photographers and the public. You often hear the term "commercial use" when they talk about what you can't do with your photos, well commercial has 2 meanings:

Of and relating to commerce
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There is nothing anyone can do about you engaged with the first, you need a model release for the second.

candidrachel · #6 (**permalink**) 10-10-2010, 09:58 PM

I think you'll be fine to post them on facebook or flickr. I have photos of boys at the skate park that I have no idea who they are and the chances of them finding them on flickr is very remote and even if my some miracle did spot them and they were annoyed then I'd take them off simple!

Jim Bryant · #7 (**permalink**) 10-10-2010, 09:59 PM

As so long as they were taken in the "public domain", there's really nothing they can do or say against you selling the photo. If they are in location that's "Open" to the public, they are fair game. But, if you want to sell them to be used in a commercial ad, then you need a signed modeling release.

dotorion · #8 (**permalink**) 10-10-2010, 10:15 PM

Quote:

Originally Posted by tuxcomputers

This is SUCH a common misconception amongst photographers and the public. You often hear the term "commercial use" when they talk about what you can't do with your photos, well commercial has 2 meanings: