QUESTION
If a picture is posted on FB from a public function (Native American Powwow), can it be used in a book without written permission of subjects pictured
Asked on Jun 13th, 2012 on Business Law - North Carolina
More details to this question:
I am writing a book and planning to use some internet pictures posted on Facebook, of Native American Dancers. I have some signed release forms, however some are group pics and I am unable to get EVERY signature because some pictures contain spectators of the event that can''t be removed from the photo. Can I still use these pictures w/o consequences or repercussions from those pictured?
1 ANSWER
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As a general matter, you do not need the consent of the subjects of photographs when you publish the photos for news or similar purposes. If the photos will be used for advertising, trade or commercial purposes, then you need consent. Although you do not mention it in your inquiry, obviously the photographer has copyright rights in each such photo, and he does not acquiesce those rights to you merely because the photo is posted on Facebook or elsewhere on the internet -- you need his permission, too, in each instance.
Answered on Jun 14th, 2012 at 8:07 AM