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Originally Posted by TheDoc
Wouldn't NALEM technically need a model release from Jay (and everyone) before they can legally post the picture online or claim ownership?
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NO. Ownership/copyright is established by taking the photo. I believe a model release is typically needed for commercial purposes/advertising.
Anywhere you're allowed to be, you can take photographs. You would then own the copyright. You can then post the picture online, your flickr account, even sell copies of the photo. You cannot use the photo in an advertisement without permission.
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I'm sure I could find some court cases to reference this if I cared enough. That's before knowing you actually have to copyright something before it's protected under dmca. And you can't protect what you don't legally own, and you don't legally own it without model releases.
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That's simply not true, and good luck finding a court case to back that up.