Discussing privacy and publicity rights

Ben Long: So, I'm in a place that I know…I have a legal right to shoot in.…There are people around. I'm taking pictures of them.…How do I know when I need a model release?…Caroline Wright: Well, when you are taking a photograph,…you have to consider whether the person…has an expectation of privacy.…So, if, for example, a man is sleeping on a public bench,…he's visible to everybody around.…You can take the man's photograph.…Now, how you are going to use that photograph…determines whether you're gonna need a model release.…If you use that photograph for a newspapaer article…about it's a beautiful sunny day…and people are out enjoying the park,…then you don't need a model release…because that is in editorial use.…

If, however, you're gonna take that same…photograph and use it for an advertisement to sell…park benches, then you definitely need a model release.…Ben Long: Okay. So, let's say I'm somewhere…and I am getting hassled by a cop or a guard…or something like that and I know that I'm well within…my rights, but what kind of authority do I carry?…