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Model Release
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I recently watched an excellent program about photographer Tom Wood of Ireland on BBC. He shoots on the fly and would be difficult to obtain releases on a lot of his work. I live in the US and if I don’t obtain a release,I risk being sued by the subject.Any coments?
You need to contact Tom Wood and ask him about using his work. You seem to be speaking of Copyright issues. This is not a Model Release – that’s something else entirely.
Use of an image of a person will differ from country to country, depending on the laws. Privacy laws tend to play a lot in to this.
A model release is just an agreement between photographer and subject as to the use or potential use of the image.
The model release is needed to be obtained in order to use the photo at the discretion of the photographer.The photographer may sell the photo,store it,make copies,and place the photo in any media the photographer wishes.
Taking photos in public areas, such as in the street, do not normally require a model release, even if people included are identifiable, but there could be exception if the image is used commercially. Simply posting the image on the net shouldn’t require a release, but if the image was to be printed in a magazine, newspaper etc and used in a commercial manner, a release would be required to avoid problems. Also, if the image was taken on private property, a release form would be required, especially if the property is a commercial one.
Again: This is not a Model Release. You’re talking about some sort of usage agreement between you and the original photographer. You’re talking about copyright. A Model Release is an agreement between a photographer and his subject, setting out what, if any, financial rewards a subject can expect from sale of the images from a shoot.
Alex.bigalguitarpicker wrote:
Again: This is not a Model Release. You’re talking about some sort of usage agreement between you and the original photographer. You’re talking about copyright. A Model Release is an agreement between a photographer and his subject, setting out what, if any, financial rewards a subject can expect from sale of the images from a shoot.
Alex.No, he is talking about a Model Release Form & the ramifications of not having one, not an Image Licensing Agreement.
I believe so long as the image is used for Reportage & serves public interest, then you don’t need a MRF. I know NYC’s legislation on this is the most demanding in the US, I’d recommend checking out the finer points there, or liaise with an IP Attorney in NYC to confirm.
As I understand it (seriously, talk to the Attorney, they’ll know it better than anyone):
Example, you see Michael Jordan crossing the street in NYC, he is carrying ‘X Brand’ of bag, he is on his way to a meeting about opening a new restaurant. You take a photo.
What is ok, using the image to highly that Michael Jordan is in town for a meeting about the new restaurant. What isn’t ok is using the same image to promote ‘X Brand’ of bag.
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