Quote:
Originally Posted by ronaldo
I've had a little bit of experience with this but I'm also not a lawyer.
My understanding of these types of photos is such...
-You can use the photos IF you're not selling anything WITH the photos. For example, you can put them INSIDE a paid members area. The only recourse the person has is asking you to take them down, which you are not required to do if it was done in a public place and there was no "expected right to privacy".
-Once you put them on a TOUR and actually USE that photo TO sell a product, that person CAN come after you for money...unless they've signed a release form.
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I would disagree with this. Even if the image isn't blatantly visible in marketing material it's something that is accessed by making a payment. The effective income from that one image could be miniscule, but it's part of a collection of images that generates the more substantial income. In general, if you make $ from someone's image without a release then you're probably wandering near or over the legal line.
Depending upon your part of the world there may also be other issues such as property releases, trademarks featuring prominently in the image, etc.
This assumes you want to be 100% clean... there are plenty of people who will skirt the law, it just depends how far you want to push it.
