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

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Subject: [Leica] Re: Model releases question
From: s.dimitrov at charter.net (Slobodan Dimitrov)
Date: Wed Apr 11 07:41:30 2007
References: <5f1be6b50704110723hc22cad1y1df2e5812354c8f3@mail.gmail.com>

The key phrase is presumption of privacy.
Look up The Deerslayers by Les Krim. That went into litigation, even  
after releases were signed. It's now a rare book.

Slobodan Dimitrov




On Apr 11, 2007, at 7:23 AM, David Keenan wrote:

>> 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
>
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In reply to: Message from ausdlk at gmail.com (David Keenan) ([Leica] Re: Model releases question)