Photo legal issues

Steven Sweeney · 02-28-2006, 09:01 PM

We've managed to make a complex world of it, but clicking through to many of the articles on this site will go a long way toward making some sense of it --

http://www.publishingattorney.com/

Chris Saper · 02-28-2006, 09:39 PM

Steven et al,

Please correct me if I am wrong ( you will get extra credit

) but why in the world are we talking about this?????

Take your own reference photos.

Get releases or don't.

No reason to push the envelope, seriously! It's OK or not OK.

Respect your clients, and talk to them.

Get a copyright release from a photographer, or don't use the photo.

I don't really understand why it's necessary to dance on the edge unless you like that kind of thing.

Steven Sweeney · 02-28-2006, 11:09 PM

Yes, that's why, after setting out some signposts (in a fascinating discourse!) in response to the specific legal questions about privacy concerns, I suggested that everyone sleep easily and get up tomorrow and just do the right thing -- which all but about two in a thousand will do anyway.

Here's the kicker -- I have a legal background, yet I have never asked a portrait or figure subject to sign a release. It's nuts, I know, and I cannot justify it rationally. It's just that it makes me feel like Snidely Whiplash trying to get Nell to sign the Deed before the train arrives.

I don't recommend this odd behavior across the board, but I'm personally very comfortable with it, because I don't even come close to crossing the line. And if some subject ever suggested otherwise, I'd apologize and cease using the challenged image. And it would be over. Nobody who doesn't want to be in one of my paintings is going to be. Simple solution.

In Her Majesty's Service,
Dudley Do-Right

Steven Sweeney · 03-01-2006, 08:51 AM

Here's one last (from me) thought on the subject of releases.

When you ask a model or other painting subject to sign a release, you're asking him or her to give something to you, to hand over some rights to you. That's why it's called a "release."

How much have you been paying those folks in return?

If you're not giving a discount on a portrait for someone who is willing to sign a release -- why not? Is that fair?

In the public arena which gave rise to some of the questions in this thread, wouldn't it be possible in some contexts -- the ones where you've "just got to have" that image -- to say to a subject, "I'm an artist and I'm fascinated with the contrast between you playing guitar on the street, in front of that Bloomingdale's mannequin in the window. I think it would make a neat painting, but I want to do the right thing here. Could I give you $20 in exchange for a release so I can include you in a painting if I decide to do one?"

If the answer is "no," you've acquired more than a negative response. You've been told that the subject doesn't want to be in your painting. Move along.

Perhaps a harebrained thought from the fog of morning's half-wakefulness . . .

I do not mean by the use of the word "harebrained" to offend anyone from the rabbit community, but I would be willing to offer . . . $10 . . . in settlement of any claims.

Patt Legg · 03-01-2006, 09:11 AM

Steven and Chris, Ditto

I believe both have expressed my feelings on this from the very start. I had not given it much thought as you said Steven. It just seemed like no one I dealt with thought much of it either.

My original question came about (as I said in the beginning) when an acquaintance of mine asked why I wanted a "release" due to the fact these mini-portraits were of her grandchildren. I find it funny that others may never think of it but if the subject is brougt up then they seem curious as to the reasoning.

I repeat--she did not question my motives in the least. I feel that much of this attitude comes from the fact that I am from a small town where "everyone knows your name" so to speak. I have lived here for a long time therefore most trust me explicitly --they know WHO I am. It used to be a "hand-shake" kind of deal place. But it is no longer that little town attitude due to the influx of others who DO NOT know the nature of our small place. Therefore, I have opted to do the written thing in case of a question later. After all I believe the BEST in most of the human experience but then there may be that ONE person who will change my opinion.

I had noticed earlier that this thread had grown extensively and was quite surprised at the response.

Thanks all

Jean Kelly · 03-01-2006, 01:39 PM

Well, I had my own nasty experience with this type of problem. My husband and I went to Summerfest in Milwaukee a few years back. I noticed a young man with body piercing all over, earrings and hoops inserted everywhere, and tattoos overall. Needless to say, I was fascinated. I remember the fight in my brain, should I or should I not, try to take this photo. My curiosity won out and I got some photos, I tried to sneak so he wouldn't notice (haha). I figured that by decorating his body so outlandishly he was asking for attention, so I had the right to take his photo. Well later that night my camera was stolen, I never got to see the photos and lost all the shots I had taken earlier of muscians.

So either God intervened and made my camera disappear, or pierced man got even by lifting my camera when I wasn't looking.

I'm more careful now.

Jean

Allan Rahbek · 03-01-2006, 07:12 PM

Quote:

Originally Posted by Jean Kelly

Well, I noticed a young man with body piercing all over, earrings and hoops inserted everywhere, and tattoos overall. Needless to say, I was fascinated. I remember the fight in my brain, should I or should I not, try to take this photo.
Jean

I had a similar experience some time ago at a vacation.

I went to a marked and saw a man that was tattooed on top of his head (where the hair once was). I was so fascinated by his look that I had to talk to him about it. Or maybe to pay him some interest in return for the photos I took of him afterward.

He was clearly proud of his decoration and obviously used to get attention about it. I told him that I was a painter and would like to, maybe, paint his portrait because of this tattoo.
He had no objection toward this project.

But if I ever get sued because of the painting I will point out that it does not represent him, because, as he can see, there would clearly be something wrong with the mouth.
Artistic liberty