Archived posting to the Leica Users Group, 1998/12/04
[Author Prev] [Author Next] [Thread Prev] [Thread Next] [Author Index] [Topic Index] [Home] [Search]Michael, Unfortunately it's not a simple question that you can answer with a yes or no. There are a lot of gray areas, each situation is different. Even though it's true that you don't need a model release for editorial purposes, it is still a good idea to obtain one when possible. You can take a picture of a couple kissing in a park, but if it's used in an article about promiscuity, you can get sued regardless of whether you knew this was going to be the subject or not. You can get sued even if you have a model release, because your subject can claim they would have never foreseen that use -- and they would have never allowed the picture to be connected with such an article in the first place. As for WHO gets sued, they'll probably go after both the photographer and the publisher to cover all bases. Even if you sign a work for hire agreement, you are still accountable under US law for any pictures you have made, another good reason for retaining Copyright. Regards, Robert (I'm not a lawyer, so if you have a specific questions consult a lawyer who specializes in visual arts.)