I was in a park yesterday snapping photos. Though focused on landscapes and nature shots, I happened to get a photo of a woman in the park and it turned out to be a nice photo. She was hundreds of feet away and I wasn't prepared with model releases or anything, so I didn't bother running after her. I'd like to post the photo on my SmugMug portfolio. I don't plan on selling the photo or using it in any other manner. Will posting it on an online portfolio get me into any kind of trouble? Am I better off just leaving the photo on my hard drive?
Answer
This is a legal question which you should ask a lawyer to be certain. Given that SmugMug is in the middle, you may want to check with their terms of service, too. The particular legalities will depend on where you live and where the photos are hosted.
As a general rule, if you have to ask then you should get one. On the other hand, the likelihood that you get into trouble is proportional to your perceived ability to pay.
You may simply be asked to take down the photo and I do not think much damages would be claimed if there was no commercial gain for you or SmugMug. You definitely need a release if your page has ads or offers prints, regardless if it is you or your provider doing the printing.
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