Replied off list.
On 1/18/2011 5:04 PM, Paul Stenquist wrote:
On Jan 18, 2011, at 9:17 AM, Elizabeth Masoner wrote:
Actually, I work for part of the New York Times and while the newspaper
itself doesn't use model releases all the time - magazines and online
properties owned by NYT that aren't news outlets MUST have model releases.
I work for The New York Times as both a writer and a photographer. They have
never requested a model release for the newspaper or the web. In fact, I just
received an update regarding the photography requirements. There is no mention
of model releases. While I work primarily as a writer, I occasionally get
photo-only assignments from the NYT. One that comes to mind was a job shooting
an exercise class for brides. There were approximately 15 women in the class. I
was not asked to provide releases. Nor was I required to obtain their
permission to use the photos.
Paul
Even newspapers have been successfully sued when photos are released with
inflammatory and inaccurate captions (such as a person sitting on a park
bench with a caption about bums sleeping in parks).
In the US (it does vary from country to country), you need a model release
(and technically a property release) for almost every photo. Now, in
practice, photographers are rarely sued (or even asked to take photos down)
when they are published in galleries or personal blogs. The issues usually
arise when photos are sold and published in magazines or other public
consumption publications (advertisements for example).
There are some exceptions based on photos taken in public places and at
public events. However, these are poorly defined in the law and judges are
notoriously inconsistent on rulings. Most judges take the side of the
person photographed without permission, although there have been a few
notable cases where judges sided with the photographer. One case that was
on the side of the "photographer" actually damaged the image of
photographers in the US. The judge ruled that it was ok for a man to use a
cell photo to secretly take upskirt photos of women in a mall because the
mall was a public place. I haven't heard yet about the appeal but I hope
this one is overturned because it has drastic ramifications for privacy
expectations for all of us.
On 1/18/11 7:09 AM, "Paul Stenquist"<pnstenqu...@comcast.net> wrote:
You definitely don't need a model release for a picture taken in public and
published in a gallery , a newspaper or a magazine. Thousands of legal
precedents have affirmed that. Even the NY Times, which is hyper cautious
doesn't require that. I shot dozens of people for them at the dream cruise. No
releases. Not even names on some of them. They were published both in the
paper and on a web blog.
Paul
On Jan 18, 2011, at 7:51 AM, Thibouille wrote:
Don't think so.
If it is published, you need autorization IMO.
2011/1/18 Boris Liberman<bori...@gmail.com>:
On 1/18/2011 2:12 AM, Ann Sanfedele wrote:
"It is the sole responsibility of the submitting photographer to obtain
a written release
from any _recognizable_ [emphasis mine] person in a submitted photo."
Don't you have a rule/law in your country whereas if you take a picture of a
person in public and don't use it for profit/publicity/etc then you /don't
need/ to have a written release therefrom?
I've a pic in there that shows faces... No problems this far.
Boris
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