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Re: filmscanners: OT: photographing on the street

In a message dated 21/5/01 5:05:05 am, dflandrum@earthlink.net writes:

<< This area of law is not my area of expertise - I am a corporate lawyer.  I

know enough to be wary.  I do some street photography and do not get model

releases.  I have always wondered what a model release is anyway.  If I were

to draft one that truly covered my risks, the release would probably be

several pages long. >>

Actually "model releases" cover two different things. The right to expose the 
persons privacy and the right to exploit the image.

If you are dealing with a professional model you are asking for use related 
to commercial exploitation. You probably will have to pay more for a poster 
than a small trade ad. There is a general theory which holds that the more 
work a model gets the less future work they will get. They can often only 
work for one perfume company for instance. This argument cannot be used by a 
non-professional model or a child who is deemed to not suffer financial loss 
of earnings with the publication of their image. This is where invasion of 
privacy seems a bit of a minefield. A few years ago the context had to be 
defamatory or cause actual emotional pain. Now it seems that lawyers get 
called because someone wants to get rich quick. 

Bob Croxford



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