Can I take photos of people in public places and sell the photos or do I need thier permission?
by 
eagle604
ANSWERS: 7
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As long as it doesn't clearly identify them by any means (i.e. no face shots or other means of identifying them), you don't need their permission.
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Yes. You would be the copyright owner, and therefore, would have the legal right to sell the pictures. What you cannot do is take a picture of someone else, and then use their likeness for commercial gain. For example, someone could not buy the rights to your picture and then place it on a billboard to promote a product. This would not violate copyright law (since you own the copyright), but it would violate the subject's right of publicity.
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I have one word for you. Paparazzzi, if it was Illegal, there wouldn't be so many doing it.
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You cannot sell pictures of people without their permission unless they are in the public eye. I have spent the last 5 years teaching media production and selling pics of people without a release is a sure way to get sued. I have known movies that have been held up because the production company forgot to secure a release from one extra that could be identified. People in public places are often captured in pictures and that is ok as long as they are not the subject and not easily recognizable. Don't listen to the people on here who would tell you differently. Hell, you don;t even have to take my word for it. Rule of thumb in media is if you are not sure, consult an entertainment lawyer. Misinformation has gotten many people in trouble before. I can provide you links to Gerick release forms for such things. I keep them with my camera kit just in case.
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Yep. You can print or distribute them as you please, even profit from them. Tabloids do it all the time.
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The key to this is the word "selling." Being paid for providing a photo or video to someone makes it commercial use. Resale = commercial. Photos or tapes not involving people or trademarks? No problem. Commercial sale of a photo or video without the prior consent of those people who are identifiable in it is illegal. Individuals or organizations can create photos, videos, etc. for their own internal use, newsletters or even for their own publicity, but when a sale occurs, it becomes commercial. School groups that videotape performances of students and resell tapes or DVD's are vulnerable here. Unless as part of schools' participation agreements there is a section, whereby signing, a parent grants permission for their child's likeness to be used, or unless releases are obtained at the event, there is liability for unauthorized use. Better to err on the side of caution, doing things right, obtaining permission, than risk being sued for something like this.
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Ofcourse you can, they're in PUBLIC already. Remember Google Street View?
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