You people crack me up.  Are any of you who are replying to this original
post a lawyer who works specifically on copy write issues?  If the answer is
no, then original poster, pay NO ATTENTION to any of their responses and ask
a REAL lawyer.

Tim


On 2/4/05 6:38 PM, "Bruce Johnson" <[EMAIL PROTECTED]> wrote:

> 
> On Feb 4, 2005, at 4:20 PM, James Fraser wrote:
> 
>> The aspect of the case I wasn't clear on is: AFAIK, usually models
>> sign a
>> release that basically says the photographer can do what he wants with
>> the
>> pics.  Are they entitled to additional compensation?  Or did the
>> original
>> photographer not make sure a release was signed, or???
>> 
> 
> There are levels of release; the one signed was for test shots; if they
> decided to use it commercially, they would have needed a new contract
> from the model and a new release.
> 
> The model wasn't paid for the test shots, it was, from what I read,
> something of a cattle call...lots of people were photographed.
> 
> However, they've used it and used it (and changed it, his hair was dyed
> for use on the Latin American market).
> 
> (and yes, the model would have been paid for the use of the photo..and
> probably paid considerably less than even the $100K Nestle offered to
> settle.
> 
> However, the model knew he had them dead to rights, and didn't settle.
> Nestle should have counter offered him, but they got arrogant and
> decided to take him to court. Bad move.)
> 
> --
> Bruce Johnson
> University of Arizona
> College of Pha macy
> Information Technology Group
> 
> Institutions do not have opinions, merely customs
> 

--
Exterminate all rational thought.



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