Model Release Question

[Kimberly Dow]

Tomorrow there is a celebration at the actual Fort here in Fort Davis. It is 150 years old and there will be a huge celebration with period costumes, demonstrations such as Buffalo Soldiers, etc. There are going to be many many opportunities for me to take photos that I could use for historical paintings. This is also a National Park - so I could possibly enter the Art for the Parks Competition next year.

Anyway - with these types of public demonstrations a model release isn't necessary is it? It is a small town so there is a good chance I can find whomever I photograph to get to sign a release - but a few of the demonstrators are from out of town.

[Julie Deane]

Hi Kim -

That sounds exciting! If you take a photo and think you will use it to make a painting in which the person is recognizably themself, I would get that release signed and protect yourself.

[Tom Edgerton]

Kim--

The venue makes no difference. You can't use someone's image without their permission. Get it in writing. NEVER assume anything about copyright--if in doubt, research it. If still in doubt, pay a copyright lawyer to make sure.

I had an illustrator friend who had a professional model come after him after he lifted her body and pose from a fashion ad, or some such published work, and changed her head to someone else's entirely. She identified herself from the hands. She made her case, and it cost him a good deal to settle.

I'm just sayin'......

Best--TE

[Kimberly Dow]

Thanks Julie and Tom -

I didnt get too many good ones anyway - out of 450 photos I am not sure one would be worthy! I really need to learn this camera soon.

The below photo is at such a distance - do you feel the same rule applies? I suspect you'll say yes - just checking.

[Linda Brandon]

Hi Kim,

What you are concerned with here are seperate issues of an individual's right to privacy and the right to publicity. Unlike copyright law, neither privacy or publicity rights are subjects of federal law. My understanding is that both of these rights are regulated by state law. "Privacy" issues involve situations where a subject may or may not be placed in the public eye without consent; "publicity" issues involve situations where a subject's image may or may not be exploited without consent and/or compensation.

This is not legal advice from me, but if I were you I would research state regulations, laws and case law involving privacy and publicity issues. You might just call somebody in the state legal department and see if they are willing to chat with you off the cuff. [A 'copyright issue' involves your own creation (the photograph, your painting, etc.).]

[Sharon Knettell]

Kimberly, many moons ago I was sent a lawyers letter for $5000 for an image I used of a girl on a Kellogs box. The model release neglected to mention packaging. However, since the legal depatrment of of the advertising agency was the one ultimately responsible for checking these areas out, they had to pay. Whew!

I paid the young girl, $150, for her hour of work, she then collected another $5000, from the agency.

[Tom Edgerton]

Linda--

You are right--thanks for the clarification.

Best--TE

[Kimberly Dow]

I will research this - I should know what I am doing in case this type of situation comes up again. I should have planned better and brought a stack of release forms with me. If I had asked this question sooner I would have.

I think that 10 hours yesterday taking all those photos was a waste. Most of the folks there that were the reinactors were not local as it turned out - they are people who go from Fort to Fort doing this type of thing. So - it would be very difficult to track them down to get releases. There was one gentleman who was very interested - he looked just like you'd picture Custer - he said he will contact me throguh my website so that one may be a possibility...

Thank you for the advice folks - you all might have saved me from a real headache.