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Photo Forum / Film Photography / 35 mm / September 2007

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Why should you get that model release?

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JimKramer - 26 Sep 2007 12:16 GMT
http://news.yahoo.com/s/ap/20070926/ap_on_fe_st/odd_birthday_card_lawsuit_1
Draco - 26 Sep 2007 14:20 GMT
> http://news.yahoo.com/s/ap/20070926/ap_on_fe_st/odd_birthday_card_law...

An event photographer should have known better. Unless the image is to
used in an educational or editorial means, get a freaking release.
Even then getting a release should be done at all times. It is called
CYA, cover your a**. Geting a release doesn't always protect the
photographer from a lawsuit, any way. But goes a lot further than if
he didn't have one.

IMHO, what a nimrod.

Draco
D-Mac - 26 Sep 2007 20:07 GMT
>> http://news.yahoo.com/s/ap/20070926/ap_on_fe_st/odd_birthday_card_law...
>
[quoted text clipped - 8 lines]
>
> Draco

Only in America...
Pudentame - 26 Sep 2007 23:13 GMT
>>> http://news.yahoo.com/s/ap/20070926/ap_on_fe_st/odd_birthday_card_law...
>> An event photographer should have known better. Unless the image is to
[quoted text clipped - 9 lines]
>>
> Only in America...

Not quite. Ask Virgin Mobile.

http://www.businessweek.com/globalbiz/content/sep2007/gb20070921_342596.htm?chan
=top+news_top+news+index_global+business


http://preview.tinyurl.com/34jq2b
JimKramer - 27 Sep 2007 00:15 GMT
> >>>http://news.yahoo.com/s/ap/20070926/ap_on_fe_st/odd_birthday_card_law...
> >> An event photographer should have known better. Unless the image is to
[quoted text clipped - 17 lines]
>
> - Show quoted text -

I knew I should have X-posted this. :-)
Draco - 27 Sep 2007 14:48 GMT
> >>http://news.yahoo.com/s/ap/20070926/ap_on_fe_st/odd_birthday_card_law...
>
[quoted text clipped - 10 lines]
>
> Only in America...

Wrong again, Doug. Several countries have requirements for
photographers to get releases from models or people whose faces are
reconizable before they are used in advertising. Besides any firm
worth its salt would/should demand a model release before running a
campaign or producing cards with wacky captions. Just to CYA. Any
photographer should get a model release before selling or using a
persons image for profit. It is something I do when ever I shoot. Do
you??

Draco

Enjoy toady. Tomorrow isn't promised to any one.
Scott W - 27 Sep 2007 17:31 GMT
>>>> http://news.yahoo.com/s/ap/20070926/ap_on_fe_st/odd_birthday_card_law...
>>> An event photographer should have known better. Unless the image is to
[quoted text clipped - 19 lines]
>
> Enjoy toady. Tomorrow isn't promised to any one.

I think you are being just a bit too broad on this Draco, when you say
"using a persons image for profit". I can take a lot of photos of people
and use then for profit with out a release, it really all depends on the
nature of how I am making my profit.  As an example I shoot a lot of
photos of people in canoe races, I could put together a book of these
and sell it for profit and there would be no need for a model release.

What I could not do is use any of the photo to endorse a produce, or
political point of view. I also could not use the photos to unfairly
portray someone as something that they are not.  I also could not sell,
 a photo that would reveal some private aspect of someone, if there is
nothing about that private aspect that is in the public good to know.

In the case of the card it sounds like the fellow was portrayed in a
very unfaltering way, this is likely going to be the basis for the legal
action, just having your face on a postcard would not be enough.  At
least in USA law, whether there are state laws that are more restrictive
I don't know, nor how likely a more restrictive law would hole up.

Scott
 
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