[Leica] Photojournalists and permission

[feli2 at earthlink.net (Feli)]

Ok, so let me se if I really understand this.

a) In the USA, anyone in a public place is free game to be photographed.

b) But, if the individual is recognizable in the shot, there are 
certain caveats
to selling then image.

So, is a street photographer still able to sell that image to a 
gallery, or as a book
as long as the editorial aspect doesn't slander or misrepresent the 
subject?

Would Winogrand be in jail these days?

Anyone?

Feli


On Apr 20, 2005, at 6:49 AM, B. D. Colen wrote:

> With the caveat that the homeless have the same protections in regard 
> to
> their images that the rest of us have - they may not be used for
> commercial purposes without their expressed permission. Further, anyone
> using images of a homeless person on the street for editorial purposes
> better be damn sure that they have all their facts straight. For
> instance, if one used a shot of an identifiable homeless person - for
> instance my ALDO guy - as an illustration for a story on the ultimate
> horrors of alcoholism, and that homeless person was not an alcoholic 
> and
> was hooked up with an attorney, one would be insuring that the homeless
> person was able to purchase his own home. ;-)
>
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feli2@earthlink.net                     2 + 2 = 4                      
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