Re: [Leica] When is a release required

[John Collier <jbcollier@home.com>]

If your picture will be displayed, which could be interpreted to mean that
you showed it to your dog (or photofinisher), you may need a release.
Especially if it in any way defames the subject. Making them look ridiculous
(open to ridicule), visually implying negative character traits (real or
imagined) or portraying the subject in a way that humiliates (secret nude
photos) may make you open to prosecution. If you intend on selling prints
(or even giving them away) that can be viewed as a commercial use. So what
should amateurs do? Shoot, discard the obvious, and be willing to destroy
and apologise if something comes up. Immediate action on a reasonable
complaint is viewed favourably by the courts. NEVER submit unreleased photos
to a photo competition or for any commercial use. If you win and the image
is published, you will be open to big trouble and toast your reputation
forever. We just had a case in Canada where a photographer took a picture of
a teenage girl (clearly recognisable) sitting on a step. He sold the image
to a magazine to illustrate an article on teenage vagrancy. The girl
naturally protested the inference that she was a vagrant and fought it all
the way to the Supreme Court of Canada. The photographer/magazine argued
that the picture was taken in a public place to illustrate a news story, so
the photographer had the right to photograph freely and therefore did not
need a release. Of course the girl won.

John Collier

> From: Ruralmopics@aol.com
> Date: Tue, 1 Feb 2000 09:17:52 EST
> Subject: Re: [Leica] When is a release required
> 
> 
> In a message dated 1/31/00 8:23:14 PM, abridge@idea-processing.com writes:
> 
>> When is a release required?
> 
> My understanding (admittedly limited) is you ONLY need a release if you are
> going to use the photo for commercial uses. For news, educational or personal
> use you never need a release. I've occasionally had hospital/nursing home or
> other institutional administrators insist on getting releases from subjects
> but that is to protect THEM, the personal responisble for the subject's care,
> not me. 
>