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[OM] Re: Model Release required? Book idea

Subject: [OM] Re: Model Release required? Book idea
From: "John A. Lind" <jalind@xxxxxxxxxxxxx>
Date: Mon, 18 Apr 2005 12:47:55 -0500
At 11:54 AM 4/18/2005, Chris Barker wrote:
> > 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.

That's what I was thinking . . . advice from a real attorney versed in it . 
. . which should be relatively low cost.  It's also what I've encountered 
from lists and fora similar to "Photoforum" . . . seemingly endless threads 
. . . loaded with all manner of "imagination run wild" conceivable (and 
hypothetical) situations.  Had to sift through a mound to create my own 
view of it all and I am admittedly conservative with composition to avoid 
"gray" areas.

I had to indemnify the a university and the company that made a mondo 
poster for them in writing for the  photograph they used.  Had to do the 
same with a McGraw-Hill textbook subsidiary for a photo they wanted to use 
in a middle school text.  Since there was nobody even remotely recognizable 
in either and both were on public property (state owned and open to the 
public) I had zero concern.  Photographer indemnification of the user of 
his (or her) stock work, within the bounds of the usage agreement, seems 
routine.  It puts the burden of ensuring whatever releases are necessary 
for people, private property, trademarks, copyrights, etc. on the 
photographer and helps protects the photo user from becoming a potentially 
lucrative "deep pocket" target.

-- John Lind

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