In general, you may photograph people when they are in public. The use of those photographs, however, can be restricted due to certain privacy rights. Privacy rights are recognized in most states, but are different for each one. Since it's tricky to know what you can do, the safest approach to follow is the most restrictive one.

One right of privacy - also known as the right of publicity - is the commercial appropriation of someone's name or likeness. It happens when the name or likeness of someone is used without consent to gain some commercial benefit, such as when a photograph of a person is used in an advertisement without the person's permission. That is why model releases are so important. It is evidence that you have the person's permission to use his image for certain purposes.

So what do you do when you travel to foreign countries to photograph the people there? Do you need a model release? What if the people don't speak English?

Nevada Wier has published thousands of travel photographs from all over the world. Her advice in her book, Adventure Travel Photography, is:

"If you plan to use your photographs for publication or stock, I think it is wise to have signed model releases from any people you photograph in a foreign city, no matter what their nationality or what the shooting situation is. (Even though lawsuits aren't currently common in the rest of the world, this might change.) Translate your release forms into the language of the country you'll be traveling and photographing in. In more remote regions it is a bit trickier to get signed model releases, and not always appropriate. People may be suspicious, confused or frightened if they're asked to sign a piece of paper. Use your common sense."

I couldn't have said it better.

Take my advice; get professional help.

Photo Attorney

Copyright 2005 Carolyn E. Wright All Rights Reserved

Carolyn Wright

Carolyn Wright is a professional photographer with an active wildlife photography business. Shooting for 25 years, her award-winning images have been used in books and corporate marketing materials. Her wildlife photos will be included in the upcoming book, "Captivating Wildlife - Images from the Top Ten Emerging Wildlife Photographers" by Scott Bourne and David Middleton. She also is working with Scott Bourne on "Wolfscapes," a photo book documenting the beauty and strength of wolves. Carolyn shares her love for photography with her enthusiasm for the law. Trained as a top-flight attorney, Carolyn's legal practice is aimed squarely at the needs for photographers. She understands the special issues that confront both professional and amateur photographers, and she regularly speaks and writes on the subject. Her book, "88 Secrets to the Law for Photographers," also co-written with Scott Bourne, is scheduled for release in fall 2005. On the faculty of Olympic Mountain School of Photography, Carolyn’s passion is enhanced when teaching photography. She enjoys writing and speaking on the subject, as well, and is a regular columnist for PhotoFocus, an online magazine for serious photographers. Carolyn is particularly tuned to the special interests of women in photography. She appreciates women's unique approach to the subject, and adapts her instruction accordingly. Armed with more than 20 years of general business experience and a Masters of Business Administration degree, she understands what is needed to succeed in male-dominated fields. This knowledge, combined with her training and experience as a teacher at all levels from grade school to graduate school, provides the strong foundation she uses to help others with their photography. Carolyn can be contacted at 2107 N. Decatur Rd. #117, Decatur, GA 30033 or by phone at 678.592.8025.