DPChallenge: A Digital Photography Contest You are not logged in. (log in or register) 
 

DPChallenge Forums >> Photography Discussion >> Magazine rights question
Pages:  
Showing posts 1 - 4 of 4, (reverse)
AuthorThread
 02/20/2004 07:51:27 PM · #1
For anyone who gets "For Him Magazine", one of the last editions (I think January) has an article entitled "Rebels without applause" poking fun at Civil War reenactors. There is a full page sepia photo at the beginning of the article of a reenactor posing for another camera. Funny thing is, its my uncle! (as pictured here for the people challenge)

I'm just curious, would he have any right to compensation for this? The picture is of him alone, so it isn't in a crowd, but it is also a public place. He's enjoying his 15 seconds of fame and doesn't really care, but I was just wondering. Its a pretty nice picture I think. The camera my uncle was actually posing for was an antique I believe. The picture he had taken is not on photo paper, I think it is some kind of metal...not sure.

I would include the page number of the article, but I don't get the magazine and couldn't find an online link. If anyone has the picture, please post it (I know, its a long shot = P
 02/20/2004 09:09:53 PM · #2
If the photo is being used in an "editorial" manner (as opposed to use in advertising), the photographer does not NEED to obtain a model release from him. Many magazines, however, won't publish a picture when the photographer does NOT have a release available just to protect the magazine. There IS a great deal of latitude when a photo is used either as a newsworthy item or editorially (called "fair use" by the courts) as long as it does not hold the subject up to ridicule, paint some grossly false picture about him, or impune his character. IANAL but I don't think that there is a case for any compensation here.
 02/20/2004 09:13:23 PM · #3
If it was in a public place it probably counts as photojournalism. Usually, though, if a person is recognizable and the main subject of the photo the artist is supposed to get a release first.

The amount involved is probably not worth the nasty legal hassle. Maybe he can ask for something other than money, like a letter of acknowledgement/thanks from the publisher and a framed print of the original photo (maybe mounted with the magazine spread).
 02/20/2004 11:05:28 PM · #4
Thanks, thats kind of what I thought.
Pages:  
Current Server Time: 06/09/2025 02:20:53 PM

Please log in or register to post to the forums.


Home - Challenges - Community - League - Photos - Cameras - Lenses - Learn - Help - Terms of Use - Privacy - Top ^
DPChallenge, and website content and design, Copyright © 2001-2025 Challenging Technologies, LLC.
All digital photo copyrights belong to the photographers and may not be used without permission.
Current Server Time: 06/09/2025 02:20:53 PM EDT.