On Jan 18, 2011, at 9:17 AM, Elizabeth Masoner wrote:

> Actually, I work for part of the New York Times and while the newspaper
> itself doesn't use model releases all the time - magazines and online
> properties owned by NYT that aren't news outlets MUST have model releases.

I work for The New York Times as both a writer and a photographer. They have 
never requested a model release for the newspaper or the web. In fact, I just 
received an update regarding the photography requirements. There is no mention 
of model releases. While I work primarily as a writer, I occasionally get 
photo-only assignments from the NYT. One that comes to mind was a job shooting 
an exercise class for brides. There were approximately 15 women in the class. I 
was not asked to provide releases. Nor was I required to obtain their 
permission to use the photos. 

Paul


> 
> Even newspapers have been successfully sued when photos are released with
> inflammatory and inaccurate captions (such as a person sitting on a park
> bench with a caption about bums sleeping in parks).
> 
> In the US (it does vary from country to country), you need a model release
> (and technically a property release) for almost every photo.  Now, in
> practice, photographers are rarely sued (or even asked to take photos down)
> when they are published in galleries or personal blogs.  The issues usually
> arise when photos are sold and published in magazines or other public
> consumption publications (advertisements for example).
> 
> There are some exceptions based on photos taken in public places and at
> public events.  However, these are poorly defined in the law and judges are
> notoriously inconsistent on rulings.  Most judges take the side of the
> person photographed without permission, although there have been a few
> notable cases where judges sided with the photographer.  One case that was
> on the side of the "photographer" actually damaged the image of
> photographers in the US.  The judge ruled that it was ok for a man to use a
> cell photo to secretly take upskirt photos of women in a mall because the
> mall was a public place.  I haven't heard yet about the appeal but I hope
> this one is overturned because it has drastic ramifications for privacy
> expectations for all of us.
> 
> 
> On 1/18/11 7:09 AM, "Paul Stenquist" <[email protected]> wrote:
> 
>> You definitely don't need a model release for a picture taken in public and
>> published in a gallery , a newspaper or a magazine. Thousands of legal
>> precedents have affirmed that. Even the NY Times, which is hyper cautious
>> doesn't require that. I shot dozens of people for them at the dream cruise. 
>> No
>> releases. Not even names on some of them. They were published both in the
>> paper and on a web blog.
>> Paul
>> 
>> 
>> On Jan 18, 2011, at 7:51 AM, Thibouille wrote:
>> 
>>> Don't think so.
>>> If it is published, you need autorization IMO.
>>> 
>>> 2011/1/18 Boris Liberman <[email protected]>:
>>>> On 1/18/2011 2:12 AM, Ann Sanfedele wrote:
>>>>> 
>>>>> "It is the sole responsibility of the submitting photographer to obtain
>>>>> a written release
>>>>> from any _recognizable_ [emphasis mine] person in a submitted photo."
>>>> 
>>>> Don't you have a rule/law in your country whereas if you take a picture of 
>>>> a
>>>> person in public and don't use it for profit/publicity/etc then you /don't
>>>> need/ to have a written release therefrom?
>>>> 
>>>> I've a pic in there that shows faces... No problems this far.
>>>> 
>>>> Boris
>>>> 
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>>> Thibault Massart aka Thibouille/Thibs
>>> ----------------------
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> 
> 
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