Archived posting to the Leica Users Group, 2001/05/22

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Subject: Re: [Leica] model releases etc.
From: "Ted Grant" <tedgrant@home.com>
Date: Tue, 22 May 2001 13:54:08 -0700
References: <1A2819E2051ED411A2850008C79183F4021A4F92@msgcov575nts.fmr.com>

Sam Carleton wrote:
>>> So the whole model release was concerning this case in Quebec?<<<<

Sam,
Yes, the model release case is only in the Province of Quebec and has
nothing to do with the rest of Canada. Quebec uses a version of the law
system of France for their Provincial jurisdiction, so it's completely
different from the rest of Canada which uses the UK system

However, as Tina pointed out, if your picture is used in a completely
different environment and implying the subject is involved in a "nefarious
situation" when in fact they were not when you took the picture, you can,
could and probably would be sued or some other court situation anywhere in
the country.

We, much like you folks in the USA, can photograph people if they are open
in the public domain without asking permission, but we cannot use the
picture for any form of advertising without a signed photo release.

And while we're on this subject of "model releases" may I suggest you all
stop using the term, "model release," simply because you encounter lay
people who've heard the stories of models receiving hundreds or thousands of
dollars to model, therefore some folks feel they should be paid when you
say, "Will you sign this model release?"  And as soon as they hear the word
"model" their cash register mind starts going ka-ching, ka-ching!

As they expect to be "paid!"

Therefore, do as I do, use... "photo release or situation release"  when
asking for a signature and avoid any use of  the "model" word at all. I can
assure you at times it does make life easier in some cases.

And if I ask and the subject starts on about getting paid and or other dumb
ass stuff, I just respond with, "Thank you very much, we can get along just
fine without using the picture and the negative will be destroyed when the
film is processed."  Then walk away.

Do I destroy the negative? Not on your sweet life if it's a neat shot, but
we make a note with the neg. file for future reference.

Photography today can be difficult enough without having some haranguing
knothead giving you a hard-time over being paid because you inadvertently
used "model release instead of photo release." :-)  Just keep it KISS
simple,  it's a photo release.;-)
ted

Ted Grant Photography Limited
www.islandnet.com/~tedgrant

In reply to: Message from "Carleton, Sam" <Sam.Carleton@FMR.COM> (RE: [Leica] model releases etc.)