Let’s go back to the example in the beginning: you’ve taken a picture of a person underneath a cherry tree. How could this turn into a legal matter where he ends up suing you?
As we now know, people in private photo shoots have a reasonable expectation of privacy. The same is not true for people in public places: once you’re out in public, you’ve ceded your reasonable expectation of privacy.2 That means that you can take photos of anyone you want at the park, on the street, and at the beach without giving them a photo release form (although it might be considered rude).
When you take pictures of people in public places, you’re free to do both of the following, with or without their consent:
- Sell the photos to a newspaper
- Sell the photos as fine art
However, you cannot use the photos to promote yourself.
If you post the photo of the man underneath the cherry tree to your photography business’ Instagram page, which is full of information about your rates and services, you’re effectively using his likeness to promote your own services. If the individual’s face is visible and it’s clearly him, that’s a big no-no.