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If I take a picture of a seedy neighborhood and a magazine editor writes a caption describing it as a red light district, can I be sued for defamation by someone shown in the picture?

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If I take a picture of a seedy neighborhood and a magazine editor writes a caption describing it as a red light district, can I be sued for defamation by someone shown in the picture?

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Yes, which is why your paperwork with the magazine has to make it clear that there is no model release (if there is none). Ideally, the magazine should agree to indemnify the photographer against any damage from publishing the picture, since the magazine is the one that controls the use of the photo, and it is the use — not the photograph — that creates the liability. Unfortunately for photographers, in today’s world, that seldom happens.

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