Question Home

Position:Home>Visual Arts> Copyright. If I have a photo of someone at a festival can that image be used for


Question: Copyright!. If I have a photo of someone at a festival can that image be used for publication!? It shows !?
their back and other peoples backs and a very distinctive piece of clothing!. ThanksWww@QuestionHome@Com


Best Answer - Chosen by Asker:
Copyright is not an issue in this case!. Right to privacy and Right to Image may be!. If you took the photo you own the copyright!. Now there may be some limits as to how you can use that material thats copyrighted!.

Is this in the US !? If it is, is the photo used for trade and advertising !? If so then Right of Privacy or Right of Image may well be an issue!. In these cases you usually need a release!. If you are doing it for editorial purposes such as an article about the festival in a magazine or newspaper or other editorial uses then if the photo was taken in a public place where there was no reasonable expectation of privacy then Right of Privacy and Right of Image is usually not an issue and most of the time freedom of the press in these cases has taken precidence over Right of Privacy

The only other issue would be if it was taken on private property!. If so the property ower may have some rights over the use of theimage of thier property!. Interestingly enough you can take pictures of anyones property from public places for non trade or advertising purposes!. Even if the property owner refuses you the right to photograph on the property!.

you may want to look over ASMP's page on this
http://www!.asmp!.org/commerce/legal/relea!.!.!.

And there is a great page here on photographers rights in general

http://www!.krages!.com/ThePhotographersRi!.!.!.Www@QuestionHome@Com

Was the photograph taken in a section of the Festival that you paid to enter!. If Yes you were on Private Property and you could have copyright issues!.
If however it was taken on the public street,park etc then no right to privacy exists and you have the full copyright to the image!.Www@QuestionHome@Com

geryyryryryWww@QuestionHome@Com

Yes, if it was a public place!.Www@QuestionHome@Com