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10/26/2009 12:23:18 PM · #26 |
david-
There are several books on photographer rights, etc. Unfortunately, there is also a lot of grey area as well, that will leave you with questions even after you read these. It's hard because we live in such a sue happy society that judging what will and what won't get you into trouble is awefully hard. When I was in art school, the general rule was that almost everything, unless being shot for a newspaper/editorial purposes needs a model release, regardless of where it was shot. The exception to this is if neither party is clearly identifiable. Sorry the shot may not work out. You do always have the option to try to track them down. Contacting the unit that he was part of should not be that difficult (I have had to do this, its worth a shot). From there, you may be able to get what you need. Good luck. |
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10/26/2009 12:37:57 PM · #27 |
Originally posted by eyewave:
If any person is recognizable you will always need a release for commercial use...[snip] you can't sell usage rights to any person or company except for editorial use. |
there's still wiggle room ;-)
i've licensed a number of images that specifically spell out that there is no modal release and that the agency licensing the images is assuming all the risk; i require them to sign the licensing agreement, noting that they understand what they're doing.
and, in one fairly amusing situation, they photoshopped out the face of a kayaker and put in place the face of a model that had been model released and put the image on a billboard! the funny part is, some people actually knew that it wasn't the original kayaker, not because of the manipulation, but because they didn't recognize the person as one of their own! (however, they were unable to identify who it could have been.)
the best thing to do if you're going to do this stuff is to have a good attorney... |
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