Archived posting to the Leica Users Group, 2007/12/11

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Subject: [Leica] Two Days Open, and Already NINE LUG 2007 Yearbook Participants!
From: images at comporium.net (Tina Manley)
Date: Tue Dec 11 10:39:36 2007
References: <f2f825f20712020524i6b1e164ct5d644f293ed50b90@mail.gmail.com> <001601c8353e$81bf1fd0$6401a8c0@asus930> <022801c8356d$96de0820$c49a1860$@net> <47542D5C.2090005@mcclary.net> <025601c835c9$670e53f0$352afbd0$@net> <55AEA32E2BC58431735F394B@hindolveston.reid.org> <02a901c83602$256cc920$70465b60$@net> <f091c6f20712111021l590bed72g5a03f003408774@mail.gmail.com>

At 01:21 PM 12/11/2007, you wrote:
>I was about to upload a picture  when it occurred to me that I may
>need a model release, because the book will be published as a "for
>sale" item, which makes it a commercial use. Is this correct?

No -  From the ASMP tutorial on model 
releases:  http://www.asmp.org/commerce/legal/releases/

"Thus, privacy issues typically arise when an image is used for 
purposes of trade or advertising. That is, it's not the picture, but 
how it is used that determines the need for a release. For instance, 
an image that is printed in a newspaper, shown in an exhibition or 
reproduced in a book might well be immune from a privacy suit. But 
the commercial sale of coffee mugs or t-shirts with the same image 
would probably not enjoy such protection. An advertisement almost 
certainly would not be immune."

You don't need a model release for editorial use and that's what 
publication in a book would be; otherwise, model releases would be 
required for any published photo.

Tina

Tina Manley
ASMP, NPPA, EP, PI
http://www.tinamanley.com 

Replies: Reply from clive.moss at gmail.com (Clive Moss) ([Leica] Two Days Open, and Already NINE LUG 2007 Yearbook Participants!)
Reply from kcarney1 at cox.net (Ken Carney) ([Leica] Two Days Open, and Already NINE LUG 2007 YearbookParticipants!)
In reply to: Message from vroger at gmail.com (Victor Rubin) ([Leica] Casual Portrait)
Message from hoppyman at bigpond.net.au (G Hopkinson) ([Leica] Casual Portrait)
Message from jshul at comcast.net (Jim Shulman) ([Leica] To Eliminate Some Confusion about the LUG 2007 Yearbook)
Message from lists at mcclary.net (Harrison McClary) ([Leica] LUG 2007 Yearbook - LUG Monthly contest winner photos??)
Message from jshul at comcast.net (Jim Shulman) ([Leica] LUG 2007 Yearbook - LUG Monthly contest winner photos??)
Message from reid at mejac.palo-alto.ca.us (Brian Reid) ([Leica] LUG 2007 Yearbook - LUG Monthly contest winner photos??)
Message from jshul at comcast.net (Jim Shulman) ([Leica] Two Days Open, and Already NINE LUG 2007 Yearbook Participants!)
Message from clive.moss at gmail.com (Clive Moss) ([Leica] Two Days Open, and Already NINE LUG 2007 Yearbook Participants!)