A few weeks ago there was a historic event in my little town involving the public apology by the descendents of General Von Trotha for the extermination of the Herreo People. I took many photographs of the events, I am wondering do I need to get releases from people to public exhibit the images and or publish it on my web site and or sell prints? I do not think I do but I thought I would ask a more knowledgeable body of people.
rockit wrote:
the majority of users on this site are from the US. their laws will likely differ from those of nambia.
What he said... short of another member from Nambia posting, I would recommend speaking with an attorney in your country. Its a pretty simple question so they may even tell you the answer as a freebie.
Actually, in the US, the answer--as far as currently existing laws and legal precedents are concerned--is No. None of those is considered a "commercial use," not even selling the prints. One Florida recent court specifically defined "commercial use" as a photo used to sell a product or service other than the photograph itself, and other precendents are along the same line.
However, that's only regarding the issue of privacy and commercial use of the photographs. There is no protection if the person can demonstrate to the court that the photographs exposed him to public ridicule or humiliation (not even the press is completely protected against that charge).
A release documents that you have the subject's permission to use an image in a way that could be seen to infringe on their "rights." Those rights can vary somewhat from state to state, country to country, etc. In the US, that usually derives from English common law. If the use potentially infringes on their privacy rights, is defamatory, or is within their publicity rights, then a release would be advisable.
You'd need to know how those rights/laws are framed by the laws of your jurisdiction - so the advice to seek legal advice in Namibia is still likely the best.
JohnJ wrote:
Yes it's exactly the same, only I was kidding around when I said it but you seem to be serious.
JJ
Oh...silly me...I couldn't hear the inflection in your voice or see the expression on you face.
C'mon...it's the internet...are you suggesting we are suppose to guess whether a post like that is meant in jest or not? (see my eyes rolling...that means I thought you were serious and trying to offer that as serious advice).
