Archived posting to the Leica Users Group, 1998/04/15

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Subject: Re: [Leica] YM mag. loses 100K photo-illus. lawsuit
From: Donal Philby <donalphilby@earthlink.net>
Date: Wed, 15 Apr 1998 10:03:41 -0800

Richard DeLuca wrote:
> 
> >Gee, so when are actors who play the parts of "baddies" gonna sue the
> >director??  People sign up with agencies to get work, to be "actors" and
> >get paid for it.  That's the gig.  I have no sympathy.  If you don't do
> >your homework and figure out what is going on, you shouldn't be there.
> >The response of the court should have been:  well, now you know.
> 
> Donal,
> 
> Your wrong on this one.  Actors who play 'baddies' at least know they are
> doing so. If you had seen what they did to her, I don't believe you would
> take this attitude.  They misrepresented (by ommission, at least) how they
> were going to use the innocent-looking pix of her. YM deserved getting
> clobbered.

I haven't seen it.  But my response still is, she was playing a role. 
The "role" may have been clobbered, but not her.  She decided to take it
personally.  Perhaps the model release was not extensive enough.  The
ASMP model release states:

"I hereby release, discharge and agree to save harmless (the
Photographer), his legal representatives or assigns, and all persons
acting under his permission or authority or those for whom he is acting,
from any liability by virtue of any blurring, distortion, alteration,
optical illusion, or use in composite form, whether intentional or
otherwise, that may occur or be produced in the taking of said picture
or in any subsequent processing thereof, as well as any publication
thereof evern though it may subject me to ridicule, scandal, reproach,
scorn and indignity."

Is that clear enough??

A model I worked with a few months ago on a commercial shoot found
himself in an ad for impotence therapy.  The guys at the firestation
where he works of course kidded him unmercifully, but it all dies out
and there it goes.  The shot was done as a stock session with no knowing
how it would be used.  Part of the job.  Is he suing?  Hardly.  Knowing
his luck with women, I don't think his self image is much at
stake--indeed the "impotence" image couldn't be farther from the truth
(so says girlfriend).  

If you put my image in a computer composite looking like I was approving
of, say Ronald Reagan (or Newt Gingrich), I would consider that a form
of indignity and potential scorn and threat to my reputation as a human
being concerned about the environment, social justice, honesty in
government and so on.  

But if I signed a release and got paid to be a "model," tough luck to
me.

donal
- -- 
Donal Philby
San Diego
http://www.donalphilby.com