I am an amateur photographer [Edit: Working in Washington state, in the US] and I am looking into selling my work. One of my favorite photos contains two people I don't know, and I'm concerned about the legality of selling prints without a model release. Let me know if I'm asking in the wrong place or asking for too much.
The picture (portion included below) is of two men sitting on a park bench. Their backs are to the camera, and their faces are mostly turned away, but my understanding is that personality rights cover more than identifying features.
This was taken in a public park; there is no chance of ever finding these people to get a model release. Am I completely unable to sell this picture, or is it a fuzzier subject? If they were to find this picture and sue me, would I be open to unlimited liability or only for e.g. reasonable royalties?
If I didn't charge anything, but gave away prints, would that be any less problematic?
For that matter, is it even really legal that I took this picture without permission?