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.
AndrewF
http://www.pbase.com/afildes
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?
==============================================
List usage info: http://www.zuikoholic.com
List nannies: olympusadmin@xxxxxxxxxx
==============================================
|