Peter A. wrote: > I would have to check with a lawyer to make sure, (you can be sued for > anything these days), > but I don't think that model releases are necessary even for the commercial > use of photographs > of people or events that take place in public spaces. Unless that is you > plan some kind of > slander or libel.
As far as I know the place and time for being shot is of no importance. We are all, individually, by law protected from getting (our faces or names - that is being recognizable by photographs, other types of depicting or identification) commercially exploited in ads or other promotional arrangements without our (individual) explicit consent. I would think this law is adopted by most "civilised" countries, although I won't swear on it just for tonight. However, the wordings in Mark's message indicate that the runners on entering the race have consented to having their pictures used for commercial purposes. In any case, Mark, I would guess that all the legal responsability lies with the publisher, not with you (unless you'd falsely claim having gotten releases were you haven't, or something similar.). Just sell away, I'd say. (However, if you run into any kind of trouble in following my advice I will flatly deny having given it....:) ) Lasse >The event organizers would have no more rights in this > case than you do. > > At 03:03 PM 2/26/2002 -0500, you wrote: > >Here's an interesting quandry: > > > >I may be in a position to sell a photo. The prospective user is a local > >festival and the photo is of the start of a 10k race with all the runners > >coming toward the camera (it's at > >http://www.robertstech.com/graphics/pages/7d101407.htm). > > > >I originally took the photo for editorial use, so no model releases were > >necessary then, but they *would* be necessary for commercial use. Except > >that the prospective buyer is the festival/race organizer whose entry forms > >(that all the runners signed before being allowed in the race) stipulated > >that photos taken during the event could be used by the organizers for > >promotional > >purposes. > > > >So it seems that the race organizers do have the right to use the photo > >without getting signed releases from everyone recognizable in the picture. > >(Try to count them!) My feeling is that the race promoters clearly have > >the right to use the photo and that I'm OK as long as I don't try to sell > >it to anyone else. Any thoughts? > >Mark Roberts > >www.robertstech.com - This message is from the Pentax-Discuss Mail List. To unsubscribe, go to http://www.pdml.net and follow the directions. Don't forget to visit the Pentax Users' Gallery at http://pug.komkon.org .
