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If you shoot, say:
An editorial shot, spur of the momment, I.E.( people watching the distruction of the twin towers) Recognizable faces all over the place. Do you need model releases for this to be published? Or if you are on vacation and you take pictures of the local natives, clearly recognizable faces I.E. (Time magazine etc.) Do you need releases? play nice now. Sep 05 06 10:24 am Link to reply to your last question: I hope not!! I have posted a ton of pictures on my web site of just about everyone and if I needed a releas for that I`m fuc**! So no, don`t think so Sep 05 06 10:27 am Link It's not about the nature of the shot, but more about the nature of the use. Sep 05 06 10:30 am Link I believe it's OK to use them as long as it is Journalism and not Commercial (promoting a product). A periodical such as Time or National Geographic is reporting about current events and cultural documentation and you could probably publish without releases. It's a fine line, though, and I believe that there is currently legislation that could make photos containing trademarked logos or recognisable products targets for litigation if the trademark holder is unhappy with its usage. If the subject is wearing GAP clothes, you may be unable to publish because of that, even with a model release. The extent to which you can currently publish, even in a journalistic application, will be reduced significantly. I have printed some business cards with a release on the back and my information including e-mail on the front. I just ask subjects to sign one for me and leave them one as well. Most people are happy to do so when you explain why. I also encourage them to e-mail me so that I can forward the image to them in case they would like a copy. I think that this will be more important as publishers have to start covering their ass more. I am increasingly aware of signage as well to avoid future issues. Of course, you probably should consult an attorney before publishing anything to a mass audience. Sep 05 06 10:53 am Link If you take a shot of your neighbor running over you cat with his lawn mower.....if it runs in any publication as news....you don't need a release. If you run it an ad for cat eating lawnmowers....yes, you need a release. BTW...I have two cats....just wanted to illustrate my point. Sep 05 06 10:56 pm Link If it is journalism (the definition is sticky with weblogs and all), no releases are required. If it for commercial use (this almost always means advertising) then you do need a release for each recognizable person and all recognizable property. If it will not be used in advertising, then it does not require a release unless it somehow causes a ruckus, then all bets are off. No matter what, anyone can sue anyone for anything in the U.S. The down and dirty is that if it's not ever going to be used for advertising anything, just shoot it and use it and if anyone in the picture objects, then dump it. -Don Sep 06 06 12:02 am Link FKVPhotoGraphics wrote: This is a great illustration. I would like to hear more comments,please. Sep 06 06 11:53 am Link |