Legal Question in Entertainment Law in California

I have started taking "street photos" and have several which I want to show in an upcoming art show I will be in. I will have a limited edition of prints to sell. Do I have any exposure to lawsuit? I have no releases and all were captured at public events. I have no intention of using them for any commercial purposes. No are putting the subjects in a bad light and they are basically character studies.


Asked on 9/01/09, 1:26 pm

1 Answer from Attorneys

Gordon Firemark Law Offices of Gordon P. Firemark

The answer to your question is more complex that it may seem.

The general rule is that people have no expectation of privacy when they're "in public" (i.e., out and about on public property) However, A "public event" may be held on private property... so the people you photographed may actually have had some expectation of privacy.

Even certain non-commercial uses may expose you to liability if the subjects were photographed without consent, either express or implied.

Your best bet is to consult a lawyer who can look at the photos in question and give you some custom-tailored advice.

The good news... such advice won't cost an arm and a leg. It'll be worth a few buck to know where you stand, right?

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Answered on 9/04/09, 6:16 pm


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