Guidelines when Publishing Photographs of Individuals
Because there are many nuances to the right of privacy and
publicity laws it is advisable to always obtain a written release
from any individual that would be recognized in a photograph.
Obtain a release even if the individual's image will initially be
used for a newsworthy purpose in the event that you may want to use
the individual's photograph for other trade or commercial
uses.
Don't forget that if the individual is a minor, you will need
parental or guardian consent.
Make certain you caption the photograph correctly.
Be careful when cropping a photograph that you do not alter the
context in which the photograph was taken.
If you decide to use a photograph without a release make certain it
was obtained without trespassing on private property, that it does
not violate an individual's right of privacy or publicity or that
it is protected by a First Amendment use.
Releases are generally not
required from people who are identifiable in a photograph of a
street or public place, provided that the photograph is reasonably
related to the subject matter and the identifiable people are not
the focus of the photograph. An example of a permitted use would be
a photograph of the Rockefeller Center Ice Rink that was used to
illustrate a book about Rockefeller Center or about New York City
attractions, even though many people may be
identifiable.
