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Commercial use / Model release

This is a discussion on Commercial use / Model release within the Business Talk forums, part of the Business Discussion category; I know I have seen this here before - and I searched, but my search-fu must be weak today. Simplified ...

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Commercial use / Model release - 11-09-2009, 10:07 AM


I know I have seen this here before - and I searched, but my search-fu must be weak today. Simplified thoughts below:

When a photographer takes a picture, they own the copyright. And if it is in a public place and not of something identifiable - then you can pretty much use it for whatever reason you want. If you have an identifiable person, then you can almost always publish it for editorial use. But if you are using a person's image to promote something, then you need a release to do so... right? And is there a site/PDF describing what you are allowed to do with photographs you take?

Thanks!
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11-09-2009, 10:21 AM


Release laws are better defined in Ca and NY than Texas.
But in short - if you use for commerical or use in any distorted context
you should always have model release and or property release.

The best releases are legal contracts between all parties with everyones rights defined.
Try PPA or media group for more info ...

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Last edited by PIC; 11-09-2009 at 10:24 AM..
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11-09-2009, 12:06 PM


Oh, I agree. The thing is I have a friend who got an advertisement with his son's picture on it. The picture was taken in a public place, but no permission to use it was given - they didn't even know it was being taken at the time. This is local to central Texas.
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11-09-2009, 01:01 PM


Quote:
Originally Posted by Kalrog View Post
Oh, I agree. The thing is I have a friend who got an advertisement with his son's picture on it. The picture was taken in a public place, but no permission to use it was given - they didn't even know it was being taken at the time. This is local to central Texas.
That doesn't seem right.

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11-09-2009, 01:01 PM


Consult an attorney. I smell settlement money

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11-09-2009, 05:56 PM


Out of court settlement for a few thousand sounds reasonable. few = 15-20
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11-09-2009, 07:45 PM


Anyone have any documents that I could link to that explain it easily for a non-photographer? Prove that just because it was taken in public, doesn't mean they can use it for any purpose whatesoever.
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11-09-2009, 07:57 PM


Quote:
Originally Posted by Kalrog View Post
Anyone have any documents that I could link to that explain it easily for a non-photographer? Prove that just because it was taken in public, doesn't mean they can use it for any purpose whatesoever.
Just get a lawyer and sue them. Once you let them know you are on to them, they will call their battery of lawyers and you'd better be prepared with your own.
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11-09-2009, 10:55 PM


Captain Tom... I'm not the one that was wronged. I have no recourse here. I'm trying to educate a friend. Hence the need for sources. I agree that it was wrong and actionable, but I need sources to demonstrate that to him.
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11-09-2009, 11:06 PM


Quote:
Originally Posted by Kalrog View Post
Captain Tom... I'm not the one that was wronged. I have no recourse here. I'm trying to educate a friend. Hence the need for sources. I agree that it was wrong and actionable, but I need sources to demonstrate that to him.
Oh! Never Mind !
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