Re: model release form?

by "Sheldon J. Potter" <potter(at)essential-connect.com>

 Date:  Mon, 24 May 2004 10:02:48 -0600
 To:  HWG-Business List <hwg-business(at)hwg.org>
 References:  earthlink
  todo: View Thread, Original
...
> >Anyway, I am wondering if anyone can suggest a legal release for a
> >person whose photographic image appears on a web site.  I am hoping
> >for something simple that will legally protect my company.  I've
> >found a couple of examples on the net but they didn't seem exactly
> >what I sought.

Hello --

If you're really, as the subject line of your post suggests, referring
to being sure you have permission to use the likeness of one or more
people in the image in question (as opposed to getting permission from
the originator of the photograph, ergo the copyright owner, for "usage"
of the image in a certain way on your web site) for certain purposes,
then I think the legal framework you might be looking for has more to do
with privacy laws than copyright laws.

As a former card carrying American Society of Media Photographers
photographer member, I would direct you to their Web site for leads on
this issue.  Unfortunately, they seem to restrict access to their legal
article about model releases to ASMP members, but you can get a bit of
background at this publicly accessible page:
http://www.asmp.org/commerce/legal_article_001.php.  See primarily the
first paragraph.  

ASMP is an excellent resource for all matters relating to this kind of
thing, as their professional members rely on the information they
provide for their photographic businesses.

As I recall, whereas arranging for the legal right to use a photograph
from the photo creator requires that you obtain a Usage Agreement from
the photographer which specifies terms of use (including things like
exclusivity of use, media, time, geographic locations allowed,
reproduction size, commercial vs. editorial, vs. fees to the
photographer), permission to use a person's likeness requires a Model
Release stating certain other terms such as commercial/editorial, limits
to where the person's likeness can be displayed, etc.

For more information, including, possibly, sample model release forms,
do a search of the ASMP site *including PDF's:
http://www.asmp.org/u_search/index.php on "model release".  If you know
any ASMP members, talk to them also.

 
Sheldon J. Potter
Owner, TEC
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