Re: Model releases/commerical use/etc

2011-01-22 Thread John Sessoms
From: Paul Stenquist On Jan 21, 2011, at 6:11 PM, Igor Roshchin wrote: Paul, Regarding the last sentence in your comment, more specifically, the word anything. Can you sell merchandise (a T-shirt or a calendar) with a photo of a celebrity you snapped on a city street or at a public event?

Re: Model releases/commerical use/etc

2011-01-22 Thread John Sessoms
From: P. J. Alling Here's a question, what if your photograph of a random person made them a celebrity. Could they then turn around and sue you for misuse of their recognizable image. I'll bet you could get an attorney to ague that they had that right. If you've registered your copyright

Re: Model releases/commerical use/etc

2011-01-22 Thread Ken Waller
My take on this ... MARK ! Kenneth Waller http://www.pentaxphotogallery.com/kennethwaller -- PDML Pentax-Discuss Mail List PDML@pdml.net http://pdml.net/mailman/listinfo/pdml_pdml.net to UNSUBSCRIBE from the PDML, please visit the link directly above and follow the directions.

Re: Model releases/commerical use/etc

2011-01-21 Thread Igor Roshchin
I hate you, Mark for providing a good reference. It caused me searching for this book... :-) Our library has only older editions (2001, 2004), so I ordered it via interlibrary loan, also encouraging the library to purchase the new edition. In the mean time, I can see the electronic version of

Re: Model releases/commerical use/etc

2011-01-21 Thread John Sessoms
From: Mark Roberts Paul Stenquist wrote: I have yet to find a publisher who requires a release. Rodale Press. They did when I did a shoot for Runner's World. It's basically a matter of CYA, I suspect. Am I correct that this was a requirement the buyer made as a condition of sale? -

Re: Model releases/commerical use/etc

2011-01-21 Thread Paul Stenquist
Thanks for this, Igor. That's exactly what I've always heard, and it is in keeping with the policy of all the publishers for whom I've worked. Paul On Jan 21, 2011, at 11:23 AM, Igor Roshchin wrote: I hate you, Mark for providing a good reference. It caused me searching for this book...

Re: Model releases/commerical use/etc

2011-01-21 Thread Mark Roberts
John Sessoms wrote: From: Mark Roberts Paul Stenquist wrote: I have yet to find a publisher who requires a release. Rodale Press. They did when I did a shoot for Runner's World. It's basically a matter of CYA, I suspect. Am I correct that this was a requirement the buyer made as a

Re: Model releases/commerical use/etc

2011-01-21 Thread John Sessoms
From: Igor Roshchin I hate you, Mark for providing a good reference. It caused me searching for this book... :-) Our library has only older editions (2001, 2004), so I ordered it via interlibrary loan, also encouraging the library to purchase the new edition. In the mean time, I can see the

Re: Model releases/commerical use/etc

2011-01-21 Thread Igor Roshchin
John, I don't see much about this subject beyond what I quoted already. The 4th (2010) edition may have more material on that. BTW, try from your university/college - it may have access to this e-book from campus/library: http://www.netlibrary.com/Reader/ - enter the book title to search *

Re: Model releases/commerical use/etc

2011-01-21 Thread Paul Stenquist
On Jan 21, 2011, at 5:08 PM, Igor Roshchin wrote: John, I don't see much about this subject beyond what I quoted already. The 4th (2010) edition may have more material on that. BTW, try from your university/college - it may have access to this e-book from campus/library:

Re: Model releases/commerical use/etc

2011-01-21 Thread Igor Roshchin
Paul, Regarding the last sentence in your comment, more specifically, the word anything. Can you sell merchandise (a T-shirt or a calendar) with a photo of a celebrity you snapped on a city street or at a public event? The way I read the book (and other materials), - that would be a

Re: Model releases/commerical use/etc

2011-01-21 Thread Paul Stenquist
On Jan 21, 2011, at 6:11 PM, Igor Roshchin wrote: Paul, Regarding the last sentence in your comment, more specifically, the word anything. Can you sell merchandise (a T-shirt or a calendar) with a photo of a celebrity you snapped on a city street or at a public event? The way I

Re: Model releases/commerical use/etc

2011-01-21 Thread John Francis
On Fri, Jan 21, 2011 at 06:11:14PM -0500, Igor Roshchin wrote: Paul, Regarding the last sentence in your comment, more specifically, the word anything. Can you sell merchandise (a T-shirt or a calendar) with a photo of a celebrity you snapped on a city street or at a public event?

Re: Model releases/commerical use/etc

2011-01-21 Thread P. J. Alling
Here's a question, what if your photograph of a random person made them a celebrity. Could they then turn around and sue you for misuse of their recognizable image. I'll bet you could get an attorney to ague that they had that right. On 1/21/2011 7:44 PM, John Francis wrote: On Fri, Jan

Re: Model releases/commerical use/etc

2011-01-21 Thread William Robb
On 21/01/2011 7:14 PM, P. J. Alling wrote: Here's a question, what if your photograph of a random person made them a celebrity. Could they then turn around and sue you for misuse of their recognizable image. I'll bet you could get an attorney to ague that they had that right. Good question.

Re: Model releases/commerical use/etc

2011-01-20 Thread Mark Roberts
For those who want the straight dope on model releases: Getting Permission By Richard Stim Nolo Press, ISBN 9781413312706 http://www.nolo.com/products/getting-permission-RIPER.html This book is written by a real IP lawyer and published by a company specializing in legal books; this particular

Re: Model releases/commerical use/etc

2011-01-20 Thread Paul Stenquist
I've ordered a copy. But I'd also like to hear from some publisher's in-house lawyers regarding this issue. I worked for Hearst Magazine Division in a previous life, and model releases were never a concern for them. My photos appeared primarily in /Popular Mechanics/. If fact, I have yet to

Re: Model releases/commerical use/etc

2011-01-20 Thread Mark Roberts
Paul Stenquist wrote: I have yet to find a publisher who requires a release. Rodale Press. They did when I did a shoot for Runner's World. It's basically a matter of CYA, I suspect. -- Mark Roberts - Photography Multimedia www.robertstech.com -- PDML Pentax-Discuss Mail List

Model releases/commerical use/etc

2011-01-19 Thread Elizabeth Masoner
Ok, I give up, I can¹t stay out of the conversation (I don¹t have anymore wall space that would like good with a fist punched through it). If I wait longer to email again I won¹t be polite so I¹ll email now while I still have some reasonable control over my language. Just read this ­ it goes

Re: Model releases/commerical use/etc

2011-01-19 Thread eckinator
relax. many people = many opinions.what's the big whoop? cheers ecke 2011/1/19 Elizabeth Masoner lizmaso...@bellsouth.net: Ok, I give up, I can¹t stay out of the conversation (I don¹t have anymore wall space that would like good with a fist punched through it).  If I wait longer to email

Re: Model releases/commerical use/etc

2011-01-19 Thread Bruce Walker
Explanation: http://xkcd.com/386/ On 11-01-19 3:48 PM, eckinator wrote: relax. many people = many opinions.what's the big whoop? cheers ecke 2011/1/19 Elizabeth Masonerlizmaso...@bellsouth.net: Ok, I give up, I can¹t stay out of the conversation (I don¹t have anymore wall space that would

Re: Model releases/commerical use/etc

2011-01-19 Thread Paul Stenquist
Well, if she's right every newspaper in the country and most of the magazines are in big trouble. Go put your fist through a wall. On Jan 19, 2011, at 3:40 PM, Elizabeth Masoner wrote: Ok, I give up, I can’t stay out of the conversation (I don’t have anymore wall space that would like good

Re: Model releases/commerical use/etc

2011-01-19 Thread Elizabeth Masoner
For the 50 billionth time Paul. In EVERYTHING I've said I have NEVER said newspapers fall under this. On 1/19/11 3:02 PM, Paul Stenquist pnstenqu...@comcast.net wrote: Well, if she's right every newspaper in the country and most of the magazines are in big trouble. Go put your fist through

Re: Model releases/commerical use/etc

2011-01-19 Thread Paul Stenquist
Don't mean to be rude, but we debate many issues here, most far more contentiously than this. But like most of our debates, this one invites a variety of opinions, each with an element of truth. No need to get upset because others don't agree with you. All newspapers and mags are intended to

Re: Model releases/commerical use/etc

2011-01-19 Thread Paul Stenquist
But according to the copy you entered below, any endeavor designed to create income, newspapers would be subject to this requirement as well. I shoot more for magazines than newspapers. I haven't had to secure model releases for those pubs either. It just doesn't happen very often in the real

Re: Model releases/commerical use/etc

2011-01-19 Thread steve harley
On 2011-01-19 13:40 , Elizabeth Masoner wrote: Just read this =AD it goes into the when/why/how more succinctly than anything any of us have typed so far. http://www.andrewkantor.com/useful/Legal-Rights-of-Photographers.pdf interesting and valuable, but not at all succinct With regards to

Re: Model releases/commerical use/etc

2011-01-19 Thread Elizabeth Masoner
And as I've said repeatedly (hence the frustration as you are either extremely dense or deliberately dodging those sentences just so you can argue more), the courts have made numerous exceptions for newspapers. Newspapers, not magazines. News stories fall under parts of the fair use clauses and

Re: Model releases/commerical use/etc

2011-01-19 Thread Paul Stenquist
You really don't have to resort to insults. This isn't a big deal. But as I said, I shoot for magazines as well, and I don't have to provide releases. Some are Sunday supplement magazines that are published by newspapers, but others are newsstand/subscription automotive buff books. In any

Re: Model releases/commerical use/etc

2011-01-19 Thread P. J. Alling
That's the disagreement,l they aren't exceptions they're the rule. On 1/19/2011 4:31 PM, Elizabeth Masoner wrote: And as I've said repeatedly (hence the frustration as you are either extremely dense or deliberately dodging those sentences just so you can argue more), the courts have made

Re: Model releases/commerical use/etc

2011-01-19 Thread John Sessoms
I find myself in agreement with Paul? Probably means it's time for me to butt out of this conversation. 8-D From: Paul Stenquist Well, if she's right every newspaper in the country and most of the magazines are in big trouble. Go put your fist through a wall. On Jan 19, 2011, at 3:40 PM,

Re: Model releases/commerical use/etc

2011-01-19 Thread John Sessoms
From: steve harley the two paragraphs above do not appear in the source you linked; i think the PDF from Andrew Kantor puts a much finer touch on it The Andrew Kantor PDF is one of the two I linked to in my original rant. The other one: http://www.krages.com/ThePhotographersRight.pdf -

Re: Model releases/commerical use/etc

2011-01-19 Thread Paul Ewins
Elizabeth, It is the cover of magazines that requires the release not the interior. Why? The cover is in effect advertising for the magazine and putting your face on the cover implies that you have endorsed the magazine. The interior of the magazine is not on show to the general

Re: Model releases/commerical use/etc

2011-01-19 Thread William Robb
On 19/01/2011 5:01 PM, John Sessoms wrote: I find myself in agreement with Paul? Probably means it's time for me to butt out of this conversation. 8-D Probably. Yer both wrong. -- William Robb -- PDML Pentax-Discuss Mail List PDML@pdml.net http://pdml.net/mailman/listinfo/pdml_pdml.net to

Re: Model releases/commerical use/etc

2011-01-19 Thread Elizabeth Masoner
Of course its news vs not news. The vast majority of magazines are not news though. And magazines require releases inside and outside (at least most reputable ones). The rest throw it back on the photographer if anything comes of it. On 1/19/11 5:12 PM, Paul Ewins paulew...@optusnet.com.au

Re: Model releases/commerical use/etc

2011-01-19 Thread John Sessoms
argumentum ad hominem From: Elizabeth Masoner And as I've said repeatedly (hence the frustration as you are either extremely dense or deliberately dodging those sentences just so you can argue more), - No virus found in this message. Checked by AVG - www.avg.com Version: 10.0.1191 /

Re: Model releases/commerical use/etc

2011-01-19 Thread John Sessoms
From: William Robb On 19/01/2011 5:01 PM, John Sessoms wrote: I find myself in agreement with Paul? Probably means it's time for me to butt out of this conversation. 8-D Probably. Yer both wrong. Well then. Please, enlighten us, do. - No virus found in this message. Checked by AVG -

Re: Model releases/commerical use/etc

2011-01-19 Thread Rob Studdert
On 20 January 2011 10:12, Paul Ewins paulew...@optusnet.com.au wrote: Elizabeth,                It is the cover of magazines that requires the release not the interior. Why? The cover is in effect advertising for the magazine and putting your face on the cover implies that you have endorsed