RE: [Leica] McCurry's Afghan Girl

["Tim Atherton" <tim@KairosPhoto.com>]

> Can anybody comment on the rules of NG publications
> (or others) with regard to release form.  It is a
> requirement or depending on the cases?
>
> Thanks.
>
> Lee

In very,very broad strokes (with various caveats), in N. America (except
Quebec) you do not need signed permission to use a persons
likeness/photograph in journalistic/editorial (i.e. magazines) publications,
in text books, nor, in most circumstances, in artistic exhibits. It may also
possibly apply to publication in a body of work, such as McCurry has done in
different books.

Any other commercial use requires signed permission, or you could face legal
action.

But as I say, it's complicated - magazine covers (as opposed to what is
inside) have been found in some case to need a release because they
"advertise" the magazine on the newsstand. Some magazines have been found to
be so far from having any form of journalistic content (i.e. they are more
like one big advert from front to back, even the articles, that they don't
count).

In Canada there is new privacy Legislation coming into effect across the
whole country soon, which will effect every professional photographer, which
prohibits not only the use, but even the collection of a persons image
without there(and may also apply to those malls with cameras....) - but has
specific exemptions for journalistic and artistic endeavours.

Like I say, this is very broad (and a complicated area) - and I don't even
play a lawyer on TV...

In the case of the Nat. Geo, pictures in the magazine would generally be
covered, but billboards (which they have used the Afghan picture on),
postcards, posters, flyers (those join the NGS things you get in the mail..)
and possibly even book and video covers wouldn't be covered and would
require a release. But of course, how's a displaced woman Afghan refugee
ever going to sue...

tim

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