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Selling Photos of a public event.

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SandLes

Junior Member
I am a photographer and I take photographs for the Utah Renaissance Festival and Fantasy Faire. I am considered by the event organizers to be the 'official photographer'. I put the images online and give the public the opportunity to buy the photos. I don't sell the rights to anyone but I do design advertisements for the Festival using the images. I take pictures of all of the vendors, merchants, and visitors with the hopes of giving them the opportunity to purchase the images as memorabilia. However, I'm aware of the model release law but don't fully understand it. Am I within my rights to sell these photos of people without having each and every one of them sign a model release form?What is the name of your state (only U.S. law)?
 


divgradcurl

Senior Member
I am a photographer and I take photographs for the Utah Renaissance Festival and Fantasy Faire. I am considered by the event organizers to be the 'official photographer'. I put the images online and give the public the opportunity to buy the photos. I don't sell the rights to anyone but I do design advertisements for the Festival using the images. I take pictures of all of the vendors, merchants, and visitors with the hopes of giving them the opportunity to purchase the images as memorabilia. However, I'm aware of the model release law but don't fully understand it. Am I within my rights to sell these photos of people without having each and every one of them sign a model release form?What is the name of your state (only U.S. law)?
This is a tricky question, and the final answer will depend on the actual facts of your situation. The general rule is that if a photo is taken in public, you do not need to get a release to use or resell the picture -- so long as you don't cross the line into making it seem as if the person in the picture is endorsing your product or service.

That said, is your fantasy faire a public place? It would require a review of your state's caselaw, but as a general rule, if the access to the area is limited, it may not be considered a "public" location, and whether or not you can use the pictures may be a little more complicated. Since you have permission to take the pictures, my guess is that it would be okay to use the pictures, but you would really need to review your state's statutes and caselaw to be certain. If there were signs at the entrances stating that there would be photography on the premises, that would weigh in your favor.
 

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