Did you know that due to the right of privacy, a written release for any photograph or image of an identifiable individual is usually needed? Even if the person agrees to be photographed, this does not imply that he or she agrees to its publication. If the photograph for which you’re seeking a release has more than one identifiable individual, a release is needed from each person.
The right of privacy is completely different than copyright. One difference is that ‘fair use’ is not a defense to claims of violation of this right. Another difference is that privacy rights vary from state to state and unlike copyright, is not a subject of federal law.
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