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Old 06-03-2008   #1 (permalink)
Alpaca
 
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Default Do I need a model release?

I've been working on getting images for my website. Do I need to get a model release to post the pictures on the website or use them for marketing? I feel like a verbal agreement is not enough, surely not what it used to be. But since I own the picture and the use copyright I should be able to do it, right?

I just don't want to get sued over a picture. Y'know?

Thanks!

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Old 06-03-2008   #2 (permalink)
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Default Re: Do I need a model release?

Best advice I can give you, is unless you hear it from an Experinced Photography/Copyright Professional I would never assume nothing in this day and age.

Copyright Laws, just took a Major hit on the Notification of the Law Suit of Yoko Ono and her two Sons who were suing a Production Company making a movie, and they used about 15 seconds of a John Lenon song, without permission and they are obviously going to make money off of it. The Estate/Family owns the rights, everybody knows they own the rights and This S& of a Judge just declared for what ever reason that the Movie can be made and they can use this clip without paying a Dime. Makes no sense at all. My Opinion, this Judge has no clue and this decision should be cause for alarm and gone for Appeal which they will try to do.

My Point: If this can Happen to the Rich and Famous like John Lennon's Family it could happen to you. Also, if you took and used my Picture on the Net without my permission without a Model Release you would be hearing from my Lawyer in about 3 seconds With a Model's Release you better have it mentioned that its use will be including the Net as well. If not, back to the Lawyers.. I am not trying to be nasty or mean I am just trying to show how it could get out of hand very fast. There are books and places on the net that do have some laws covered, but In my perspective if your doing something on the Net and showing someones face you must have some kind of written contract that will protect you.
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Old 06-03-2008   #3 (permalink)
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Default Re: Do I need a model release?

It isn't enough any more. Get a release, then you don't have to worry about it.
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Old 06-03-2008   #4 (permalink)
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Default Re: Do I need a model release?

Totally makes sense to me. I'll get one!

Thanks millions guys!
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Old 06-04-2008   #5 (permalink)
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Default Re: Do I need a model release?

In the case of the song, 15 seconds would seem to fall under the Fair Use doctrine, which allows 10% of any work to be used without permission.
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Old 06-04-2008   #6 (permalink)
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Default Re: Do I need a model release?

I highly doubt "10% of any work" is authorised under the fair use section of the relevant statute. "Fair use" is utterly ambiguous in the US law and still being determined.

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