[Leica] Re: Model releases question

[mark at rabinergroup.com (Mark Rabiner)]

On 4/11/07 10:23 AM, "David Keenan" <ausdlk@gmail.com> typed:

>> 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.



Well the legal needs of commercial photography and news photography are way
different. Seem to be at opposite odds of the swimming pool. And fine art
photography which is usually close to news. A reasonable expectation of
privacy of course has nothing to do with commercial photography. And in
terms of news photography there's no way you are in a public place and have
that. You don't have that on your front lawn mowing your lawn. Even if your
mortgage is all paid up. You don't even have that on in your back lawn
laying out on the hammock reading Lolita.
You have that in your bathroom with the door closed and the curtains drawn
with your pants around your ankles and a big fat old Russian book.
Should you find yourself on the cover of the New York Times Sunday
supplement in such a position you can take it to court if it got that far.
And they don't even have to misrepresent you.
"depressed man finds digestive bliss with Tolstoy".
You don't have to be not depressed and can find WAR AND PIECE totally
inappropriate for your digestive needs. You've been legally wronged because
you get to go to the bathroom alone in your own house even if you're a movie
star.. But Thomas against Nigel 1941 says the door has to be closed. And the
ventilator on.
Because you have a reasonable expectation of privacy in your bathroom with
the door closed and the curtain drawn.

No place much else.

That's how its boiled down in the courts and I'm glad.
The First Amendment has withstood all attacks by the "right of privacy"
factions. Which his good because we are photographers.
We don't want people telling us we cant shoot this and cant shoot that.
We like hearing that we can shoot anything we want to.
And we can. This is the USA. And this is Planet Earth.
Unless we are in or pointing at a military base. I can live with that.

And this is not just us with a capital US. With the Capital in WA DC.
Its about every country in the world including the "less free" ones where
the women all have to stay home and not go to the movies.

Except France. Who sees things a bit differently than Planet Earth.
Why we like them so much for the most part.

A Question might be legally is an involved project like Kyle's Guns and the
people who shoot them commercial or news?
Well its a "documentary form" so that sounds more like news isn't it?
Yet its a book being sold that sounds commercial as that's money being made
but its really more freedom of the press with the printing press and all.
That would seem to be obvious but I don't know.  I'm just making this up as
I go along.
Its for sure news. Distribution of opinion. Through imagery.
And then that stuff blown up on the gallery wall and you're selling prints
and that sounds commercial too but no its Art.
Remember Art? Went over the top in WW1 into a hail of machine gun bullets?
But made a lot of cool sketches in the trench the day before.
So releases are released or no presses get the power switch pressed.
But if it was just the galleries no. Mona Lisa never signed a relase ask her
agent. Never made a dime on the whole thing. Didn't even get to keep the
hair net.

I saw " The Hoax (2006)" last night Lasse Hallstr?m directed Richard Gere.
Clifford Irving's made up autobiography of Howard Huges that had every body
going for several days in a row and made Nixon so nervous he had some guys
break into this building to find out what the heck was going on.
Water under the gate.
The people who run the presses like to cover their buts whenever possible.
And no ifs ands or.





Mark Rabiner
8A/109s
New York, NY

markrabiner.com