Archived posting to the Leica Users Group, 2007/04/11

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Subject: [Leica] Re: Model releases question
From: ausdlk at gmail.com (David Keenan)
Date: Wed Apr 11 07:23:47 2007

>she was asking if I knew if I needed them [model releases]

This is the eternal, burning question for many photographers.

There is an article about this in the latest issue of Shutterbug. This
subject seems to be addressed on a semi-regular basis in most photo mags.

While the courts have generally come down on the side of the photographer
for photographs taken in a public place, still the recipients of one's
photographs (be it a magazine or competition, etc.) these days usually state
that a model release is required. This is just to protect their asses (they
hope).

It boils down to if the subject(s) have any presumption of privacy at the
time/place the photograph is taken and on the use of the photograph (ie., it
cannot be used for commercial purposes, like to sell a product, and made-up
attitudes, opinions , thoughts, etc. cannot be attributed to the subjects in
accompanying articles or captions).

I know a couple contemporary street/documentary photographers who are fairly
well known and have published numerous books. They have never gotten model
releases. And I'll bet WInogrand/Friedlander never asked for one when
working in public.

Your case my be different so some homework may be necessary.

Dave.

-- 
Web Site: www.david-keenan.com
2007 PAW: www.david-keenan.com/paw
2006 EuroBlog: www.david-keenan.com/euroblog

Replies: Reply from mark at rabinergroup.com (Mark Rabiner) ([Leica] Re: Model releases question)
Reply from s.dimitrov at charter.net (Slobodan Dimitrov) ([Leica] Re: Model releases question)
Reply from sonc.hegr at gmail.com (Sonny Carter) ([Leica] Re: Model releases question)