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The Right Of Privacy, Photo Law etc.
inese wrote: The challenge to any use will invariably be state sensitive... but... as a single example: Nov 28 06 02:24 pm Link 42 Nov 28 06 02:24 pm Link inese wrote: There is no answer to your question. Nov 28 06 02:37 pm Link It would depend on the release, and how it was worded. Stepping back a bit, I can see how as a model, you would like to have complete control over the usage of your image -- approving every usage, checking the galleys before they go to press, etc. Hopefully you can see equally, as a photographer or a buyer of your photographs, I would like to have the broadest possible rights to every image I buy, so that I have as many avenues for future uses as possible. This creates a natural conflict between us. And I think the mistake both photographers and models make is confusing that natural business conflict for something that is "wrong." When a buyer wants broad rights, it's often seen as bad faith, an attempt to scam, or some other negative characteristic, whereas in fact, it's something that is just a simple fact of business life: it needs to be negotiated out. Wherever intellectual property is involved, similar negotiations take place. Record labels want the broadest possible rights to an artist's work -- the artist prefers to negotiate each individual usage. A magazine writer wants to sell one-time only rights -- a publisher wants to buy exclusive rights to all possible uses, in perpetuity. And so it goes. I have been both a buyer and a seller of intellectual property, and I can assure you this conflict is natural, and as old as time. Buyers want to get a lot for a little, sellers want to sell a little for a lot, and both want to pretend they have the moral high ground. And unfortunately, who you are is going to have a lot to do with how much control over your image you can realistically expect to get. People who are literally brands -- Martha Stewart, Oprah Winfrey, Tyra Banks, J.Lo, and all the rest routinely exercise the kind of control you are seeking -- because their stature in the marketplace lets them command it. On the other hand, lessor-known people -- like you and me, are not going to necessarily get a sympathetic ear if WE make the same kind of demands. Anyway -- back to your main point -- if you talk to stock photo agencies like Corbis, you'll find that in fact, its very common for the same image to get used over and over and over -- I have seen the same photo of a model used in ads for banking, insurance, health care providers, for example. I have personally bought photos for use on a book cover, that also were being used to advertise a product in a completely different industry. I'm not sure this is automatically a bad thing -- though it can be under some circumstances. I have seen some releases over the last year that try to address this issue by requiring specific permission for "sensitive" placements. Not sure how that all works out in the real world, but that might be a reasonable compromise. Anyway, my take is, if you're going to be selling any kind of intellectual property, including your own likeness, this issue will come up again for you over and over. Regards, Paul inese wrote: Nov 28 06 02:48 pm Link TXPhotog wrote: as this post notes, there are a wide variety of release forms -- there is no one definitive form. the release form posted above is not ideal, in my book, but it is certainly better than nothing and is 'typical.' i do not think it covers everything i would want to see covered in a release, and obviously should be tailored to the situation at hand, to state law, and to whatever limits the parties want to agree to (if any). Nov 28 06 02:48 pm Link English is my third language maybe that's the problem, what I meant was using someones picture let say not to advertise a dating service,but as a profile,or a profile on my space let's say this persons picture is used and someone else is talking with people,friends etc. do you see a problem here? Nov 28 06 03:01 pm Link I see a make up artist trying to tell models they can sue someone for using their image after the model has signed a release saying the image could be used anyway the agency wanted. It's not a language thing. It's a stick your nose in somewhere where you have no idea what you are talking about. For those who view me as being rude to th OP, you missed the first thread where she went on this rampage. It was closed down and she started this one to continue her misinformation. The rest of those who were fighting with her have long given up and moved on to something productive. I suggest everyone else do the same. Nov 28 06 03:29 pm Link inese wrote: What part of "we can't tell" didn't you understand? You have been told repeatedly that it depends on the specific factual situation (in detail), the state involved and the specifics of the release, none of which is in your question. Consequently there is no answer to your question. Continuing to ask it will not change that fact. Nov 28 06 03:42 pm Link I think you should go to an Anger Management Class. Nov 28 06 03:51 pm Link Just read the book I wanted your thoughts I know the answer.But I am tired of this topic so Chao everyone disscussion is over for me at least.Read the book it's a great book.I didn't want to cause an argument and I didn't say about suing anyone or anything like that.So if you are a smart intellegent and nice person this topic is for you buy the book enjoy it.I am tired of this rude guy I am tired of this person talking to me like that ,thinking it's ok ,it's not ok I don't know you, you don't know me.Any insults towards me don't make you look good at all.I will ask you to leave me alone and stop acussing me of things I didn't say.No one gave you the right to talk to me like that I don't tolerate this type of attitude with anyone. DO NOT TALK TO OR ABOUT ME IN THIS MANNER MOVE ON.PERIOD Nov 28 06 04:24 pm Link inese wrote: Inese, Nov 28 06 04:40 pm Link SayCheeZ! wrote: on which planet is that true? Nov 28 06 04:49 pm Link SayCheeZ! wrote: Z_Photo wrote: I think he means in cases where the attorney takes the case on a "contingency" basis. There are many kinds of suits, such as a personal injury action, where the attorney will take a percentage of the recovery if you win in lieu of being paid on an hourly basis. There are some other kinds of torts where an attorney may work on a contingincy basis as well. Nov 28 06 05:08 pm Link |
