When the compact disc was introduced around thirty years ago, it was roundly criticized as another way to force the public into adopting a new format in order to maximize profits. At the time, few really realized how radically the digital revolution would alter traditional ways of writing, recording, and marketing music, and that the same technology would also transform photography.
The brilliant decision to include digital cameras as standard cell phone equipment made basic photography available to everyone. No formal instruction is necessary to use these relatively simple tools, and the high-resolution results are instant. Yet even with those advantages, it took a few years to develop an efficient platform for publicly showcasing music and photography files.
Social networking and photo sharing websites became the solution. Today, hundreds of millions of internet users worldwide participate by maintaining daily personal and political contacts and blogs, and these communications often include real-time photos. While instant publication provides unlimited opportunity for expression and recognition, it has also created some legal issues.
The unintended consequence of being randomly included in public photography have greatly increased, especially when current events are being recorded and uploaded in real time. Posting photos of a politically charged demonstration, for example, may inadvertently display the face of someone who may wish to remain anonymous. Even at innocent social occasions such as weddings, not everyone in the audience appreciates being photographed without permission.
With digital cameras and photography becoming nearly universal, there are no all-inclusive legal rules that can actually anticipate every conceivable photographic situation. There are, however, general guidelines for situations that mandate obtaining legal releases signed by the subjects. They are based primarily on the initial intent of the photographer, and include whether or not the pictures will later be sold, or published for profit.
Social networking photos may be unflattering, but are usually not marketed for personal financial gain. Taking a news photo as a building burns does not require written permission, for example, unless an insurance company decides to include it later in their advertising. When sales, profits, or advertising are involved, the photographer must always obtain a model release in writing.
Sample forms are available online, and range from basic permission signatures, to more elaborate legal documentation. On certain occasions when obtaining a release may not strictly be necessary, lawyers familiar with First Amendment cases advise getting one anyway. When the legal lines are a little blurry, a simple release form can prevent an unpleasant lawsuit from going forward.
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