Archived posting to the Leica Users Group, 1998/12/14

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Subject: Re: [Leica] Model Release for Steve McCurry's photograph
From: "phong (Doan huu Phong)" <phong@doan-ltd.com>
Date: Mon, 14 Dec 1998 08:30:10 -0500
 
Eric,

   Regarding " An advertisement using a photo from a collection in
   this context would be appropriate.":    Wouldn't this interpretation
   of the law dispense with model releases altogether, as any
   photograph could easily be made part of a "collection" ?

   In any case,  all legality not withstanding,  I still find the use of
that
   photograph,  in this context (promoting  a photo workshop, and
   promoting a  camera brand), exploitative.  That I too once was a war
   refugee may explain my reaction.

   And yes, it is an absolutely  wonderful image.

- - Phong


From: Eric Welch <ewelch@ponyexpress.net>

> Phong wrote:
> I wonder if Steve
>    McCurry/Nikon/National Geographic secured a model release to use
>    her picture in this commercial advertisement.

I believe it would be considered fair use, no? An advertisement using a
photo from a collection in this context would be appropriate. And I doubt
McCurry got a model release. I have heard him tell the story how he got it
a long time ago. It is a wonderful picture.