Question re model releases/requirement thereof

[Mad Dave]

Hi All,

Quick question - a friend of mine posed for a charity calendar, nothing raunchy but there is partial nudity. She obviously gave her permission for their use in the calendar but the photographer has given them to the local paper, who have printed a story (without any permission from her) and mentioned her job as well.

Now, the issue is that she could be in a lot of bother at work due to the nature of her job, and she's quite rightly a bit peeved that a)they've used photographs of her without her permission and b)mentioned her job in the headline! She didn't sign any model releases, and only gave her consent for the calendar - has the paper done anything wrong or not?

Thanks guys,

Dave

[andy-xr]

No, not really

Photographer owns the copyright, and can pretty much do what he or she wants with the images. The lesson here is not to have your photo taken doing something your Mum/partner/boss wouldnt approve of


Let me reword that - not to have your photo taken doing something you would show you Mum/partner/boss and be embarassed about

Edited by andy-xr on Wednesday 28th October 17:58

[Simpo Two]

andy-xr said:

Photographer owns the copyright, and can pretty much do what he or she wants with the images.

Technically yes, but in this case there's a moral angle as well - intrusion of privacy? IMHO the photographer should have asked out of courtesy, and/or the paper should have checked. I once got a call from a newspaper when one of my brides sent her photos in for a competition - in a reverse situation to yours, the paper wanted to make sure they had permission from me to publish!

Edited by Simpo Two on Wednesday 28th October 18:09

[Mad Dave]

Thanks chaps. I thought that to use images for commercial gain, one had to have a model release signed? I've certainly taken hundreds of photos over the years which i could potentially sell, but haven't as I don't have full model releases, plus it's just impolite to sell photos of somebody without their permission, IMHO.

D

[andy-xr]

Simpo Two said:

andy-xr said:

Photographer owns the copyright, and can pretty much do what he or she wants with the images.

Technically yes, but in this case there's a moral angle as well

I'd agree with that, but this is neither you nor me who's taken the shots and sent them on to the paper

OP hasnt said if the paper stuff is related to the calendar, I'm guessing in context it is, and that the commercial gain is going to be the charity. Dunno though based on the info so far

ETA - I've never been asked for a model release.

Edited by andy-xr on Wednesday 28th October 18:57

[nick_bbb]

It's not for commercial gain though, it's an editorial piece in the paper.

Simpo is on the money though, no legal restrictions but morally he should have asked.

[nick_bbb]

Sorry Andy we must have been typing at the same time. By editorial I meant that it's in the paper, same as pictures of celebrities are in the paper without their permission

Edited by nick_bbb on Wednesday 28th October 18:59

[Mad Dave]

To clarify, the photo used is the same image as used in the calendar, and yes, it's to promote sales of the calendar, and all proceeds of those sales go to charity. Does 'editorial' useage have less restrictions than 'commercial' then? As the paper is sold for commercial gain...

D

[Dogsey]

No such thing as a model release form in the UK.

[nick_bbb]

Mad Dave said:

To clarify, the photo used is the same image as used in the calendar, and yes, it's to promote sales of the calendar, and all proceeds of those sales go to charity. Does 'editorial' useage have less restrictions than 'commercial' then? As the paper is sold for commercial gain...

D

Yes, even in USA you don't need a model release to use someones photo in a news article.

[Mad Dave]

Thanks chaps, i'll pass the info on to the girl in question

[jon-]

andy-xr said:

No, not really

Photographer owns the copyright, and can pretty much do what he or she wants with the images. The lesson here is not to have your photo taken doing something your Mum/partner/boss wouldnt approve of


Let me reword that - not to have your photo taken doing something you would show you Mum/partner/boss and be embarassed about

Edited by andy-xr on Wednesday 28th October 17:58

I think this applies more and more these days. If you don't want the world to see, don't do it.

[ian in lancs]

jon- said:

I think this applies more and more these days. If you don't want the world to see, don't do it.

This is the third time this week I've read on Forums about stuff like this! One was an ex-model that was part way through her Teacher Training Degree and realising that life could be made very difficult if a parent, child, employer was to make an issue about her pictures that were in the public domain. A situation that is very, very likely.

I'm also aware of a public sector employee that was spoken to about 'innapropriate' pictures and another case where Facebook comments about work were not exactly taken well!

In essence what can be seen as a little fun or, in the case of the model above, a way of funding her degree which may turn out to be worthless, can easily turn into regret.

If you take pictures get a model release signed if you're the subject the advice quoted above is very wise!

Edited by ian in lancs on Thursday 29th October 12:52

Edited by ian in lancs on Thursday 29th October 18:41