Edward Meyers (aghalide@panix.com)
Sat, 24 Jul 1999 09:54:17 -0400 (EDT)
Don't kid yourself, model releases are important, in art or
any other use. And then, believe it or not, the person signing
the release could change his/her mind when the use is seen.
I know this to be true, having working on a photographic
publication where we paid out thousands to settle law suits.
Everyone has a cousin or uncle who is a lawyer. Ed
On Fri, 23 Jul 1999, Jeffrey D. Mathias wrote:
> Carl Weese wrote:
> > In most jurisdictions photographs sold as fine art prints are not
> > considered in the same category as advertising pictures, which need
> > releases, but more parallel to journalism. ...
>
> Thank you for the clarification.
>
> I believe part of the dilemma (and probably more important than a
> release) is compensation or a sitting fee. This becomes especially
> important if it is known that the images are to be sold. I've made it a
> practice to give a print to the "model" with the verbal understanding
> that this is their compensation, fee, or payment in full. If they sign
> a receipt/release at that time so much the better. But I feel that
> compensation with a print could have some standing if it ever came to
> that. At the least, they can wave their right of compensation by not
> giving a mailing address or refusing the print (not sure how legal this
> would be). My best protection currently is that I don't make enough to
> make a suit worth their while.
>
> I've also found "models" to be more serious when they are expecting a
> print. My definition of a "model" is someone who is asked to be
> photographed.
>
> On the other hand, I've also photographed (remember, always on a tripod)
> people without their knowledge or concern. If they don't want
> photographed they generally move out of the way if and when they see the
> tripod and camera point their way. Sometimes they will come from
> nowhere and move into the image just to be there.
>
> Another important factor is knowing when to ask permission. With some
> cultures or individuals it is important to ask permission and oblige
> their wishes before photographing them or their property.
>
> --
> Jeffrey D. Mathias
> http://home.att.net/~jeffrey.d.mathias/
>
This archive was generated by hypermail 2.0b3 on Thu Oct 28 1999 - 21:40:37