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[OM] Re: Model Release required? Book idea

Subject: [OM] Re: Model Release required? Book idea
From: Andrew Fildes <afildes@xxxxxxxxxxxxxx>
Date: Mon, 18 Apr 2005 18:15:10 +1000
As I understand it, the criterion in the areas with a legal system 
based on the British code - those areas which can't refer to the US 
Constitution (before half the list starts quoted the document!)  is 
with reference to 'commercial use.' Thus, a newspaper is exempt as 
general street scenes are in the public interest, but the same 
photograph used as part of a commercial publication is no longer 
exempt. Competitions like to require model releases because they may 
wish to use winners as promotional material or even assume ownership 
and possible resale. You may need a quick clarification from a 
specialist lawyer (not too expensive) or at least check the net - I 
used to be on the Photoforum list and the pro photogs there discussed 
it endlessly. There should be guidance out there, probably on the 
conservative side.
A friend of mine found a photograph of herself and three others waiting 
for a tram used as a full page duotone background in the prospectus of 
a transport corporation - very recogniseable and not a flattering image 
either. I advised her that she had grounds to demand an apology and 
compensation but she was too timid to proceed. Clearly, a multiple of 
the type you suggest.
I heard of a person employed as a photographic librarian by a local 
(Australian) dairy company with a long history - her task was to 
identify all the people shown in archival photographs and locate them 
for permits to use the photographs in a book and promotional materials 
- clear commercial uses although the book at least is arguably in the 
public interest. Such a task would have been unnecessary until 
recently, I suspect.
The French are at the extreme - every identifiable person must have 
given permission. I saw a docmentary on some rock star (Jagger?) where 
in an interview scene in a restaurant, all the diners in the background 
had blurred off faces. Rather unnerving effect.
On 18/04/2005, at 3:29 PM, Chris Barker wrote:

> What decides whether or not you will need a model release?  I recognise
> that a human subject fully recognisable and by themselves in a
> photograph in a publication for sale would need a model release to
> obviate any future claims for fees, but what if the subject were
> multiple and in a street scene?

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