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…