Able to include lady without permission?

[nick_j007]

Hi all.

I'm shooting a dog training video.

Last week I was shooting a subject under dog exercise, so I was in a public field. Another lady walked by at a good distance with a pack of about 5/6 dogs. It looked pretty impressive, and I thought it might make a good cutaway shot along the line.

My video camera was on full zoom and I managed to get a nice shot of her walking away from me though slightly side on (her face was not captured) .

Question is, can I use this in my commercial dvd or not? You just might be able to identify her from the dogs and if you knew where I lived and so on.

Thanks in advance.

Nick

[JRM]

I THINK so, it's no different to a news channel broadcasting an image on the public walking around a city centre.

If you had your camera on full zoom and pointed at her bedroom window, then that might be slightly different!

[nick_j007]

JRM said:

I THINK so, it's no different to a news channel broadcasting an image on the public walking around a city centre.

If you had your camera on full zoom and pointed at her bedroom window, then that might be slightly different!

Thanks JRM...I've cut the bedroom shot out already

[DHA]

Not sure but you "might" need a model release if its for a commercial thing. This is from istockphoto and relates to photos but that same could apply to video

Contextual Model Releases
Our standard rule of thumb when deciding when a model release needs to be applied has always been "Would you recognize yourself if that was you in the image?" This has been applied fairly literally in the past, meaning recognizable faces, and occasionally other identifying marks like tattoos. However, as we grow we find that being recognized often has as much to do with the setting and context as the subject's facial features.



Not sure if this helps though

[nick_j007]

DHA said:

Not sure but you "might" need a model release if its for a commercial thing. This is from istockphoto and relates to photos but that same could apply to video

Contextual Model Releases
Our standard rule of thumb when deciding when a model release needs to be applied has always been "Would you recognize yourself if that was you in the image?" This has been applied fairly literally in the past, meaning recognizable faces, and occasionally other identifying marks like tattoos. However, as we grow we find that being recognized often has as much to do with the setting and context as the subject's facial features.



Not sure if this helps though

Thanks DHA. I need to review the footage and make a decision I guess.

Nick

[Dogsey]

AFAIK iStockphoto is an American site and the rules are different there. In the UK there is no right to privacy in a public place. You'll be fine.

[Famous Graham]

Dogsey said:

AFAIK iStockphoto is an American site and the rules are different there. In the UK there is no right to privacy in a public place. You'll be fine.

Correct.

Model releases are applied on stock photo sites because they want to sell to an international audience, and in some of those countries, these rules apply.

You're perfectly free to use the footage however you please,UNLESS you use it for advertising something that would adversely affect her (ie piles cream, or, more topically, that FSA who was recently in-shot for an RBS photo campaign so people assumed he was endorsing them)

[nick_j007]

Right then thank you.

I will avoid pile cream ads and so on, and just use it as intended.

Thank you all.

[Scraggles]

http://www.sirimo.co.uk/2009/05/14/uk-photographer...

never had a second thought photographing people, had one muppet try and convince me, that he owned the copyright to the image I took of him - he failed on that score

[Bob_Defly]

JRM said:

I THINK so, it's no different to a news channel broadcasting an image on the public walking around a city centre.

If you had your camera on full zoom and pointed at her bedroom window, then that might be slightly different!

I thought there was a difference with editorial vs commercial gain? So if it was news then fine, if it's for profit then you might need a release?

[nick_j007]

It will be for profit yes, I'm not even certain she'll be identifiable.