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Thread: Selling online vs Privacy????

  1. #1
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    Selling online vs Privacy????

    Hi guys

    Have been checking out ways to move to online ordering/fulfillment. Have been looking at photomerchant and others. I want to try and take more local events sporting, wedding, formals etc and then market the shots to participants. I have seen this type of model referred to by some of you guys as being good for soccer mum ordering and the like and it makes sense.

    While I would use password galleries my question is don't you run into to problems with not having specific model releases from each person and also people complaining that photos of themselves (or their kids) are onsale to others - even in the background of shots?? Just wondering how this works.

    Thanks
    Josh
    Check out my new site - www.wattsgallery.com - feedback welcome

    Gear - Canon 5D, 40D, 10-22, 24-70 2.8L, 200 2.8L, 50 1.8, 430EXII

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    Selling from your website is typically not considered commercial use (say that you only sell to parents etc and for private use only) so no release required

    Password protecting is generally a good idea, ESP with juniors

    And yes, eventually you will run into problems
    Darren
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    Thanks for the quick response Darren - you are one of the clear experts in this area in AP so I was glad you were online. I thought having them for sale may itself have constituted commercial use but its good to see that may not be the case.

    I can see some people having an issue at some point but I guess you just have to be prepared to take down photos.

    Cheers

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    Although there is a couple if very long threads on the topic, the short answers are (1) you should get professional advice for your own particular circumstances; (2) the current state of the law does not preclude you from selling prints of people even if they are recognisable (note the word "current"); and (3) currently in Australia you will only run into a legally actionable problem if the images are used to promote a product or the like (and even then probably only if the person is a known endorser of products).

    Having said that, it is better to be safe than sorry, hence stock agencies and the like will require releases in all situations (to cover the issue of "commercial use" in their context for all situations.

    The "trouble" referred to by Darren though does not necessarily mean "trouble that will see you losing a court case".

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