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

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Subject: [Leica] Model releases question
From: ericm at pobox.com (Eric)
Date: Wed Apr 11 17:25:13 2007
References: <0F525FDD-DA6D-453D-8909-34719EE9793F@mac.com>

Ken:

>She wasn't saying I needed them;  she was asking if I knew if I needed them.

You're probably better off talking with an attorney who has dealt with this
issue before.

I'm assuming these are pictures of people in a church, and that you're
creating a book of photos.

You don't generally need releases for art.  Like a book of photos.  Making
money has nothing to do with commercial use.  A guy sold individual photos
for beaucoup bucks.  Featured a Jewish guy from NY rather prominantly.  The
Jewish guy was minding his own business walking down the sidewalk.  The
judge said no problem.  The photographer was minding his own business taking
art pictures in public.  Too bad, so sad for the subject.  Hurrah for our
hero, the photographer.

That said, you may run across an issue with people in church.  That's not
exactly public space.  Different rules apply.  I'd say you probably need
model releases.

Kyle's book is art.  But he was (presumably) invited into people's homes.
Again, better have a model release once you step inside private property.

Is it absolutely necessary?  Probably not.  But when people think they can
make a quick buck by suing you, they might be slowed down when they're
reminded they agreed to your using their images.  As Slobodan pointed out,
even a signed release doesn't necessarily give you a get-out-of-jail-free
card.

By talking with an attorney first, at least you'll have somebody you know as
a potential cell mate.  :)



--
Eric
http://canid.com/

In reply to: Message from kennybod at mac.com (Kenneth Frazier) ([Leica] Model releases question)