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Author Topic: Model Release Required For People's Backsides??? what??  (Read 9375 times)

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« on: July 21, 2008, 21:44 »
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Hi Guys,

Recently, I submitted a bunch of photos to one of the agencies and they rejected several of them for model releases even though in each of the pictures, the person had their back turned to the camera.

These were pictures of people bicycling, running and riding horses.

I understand a model release is necessary if a person has their face turned to the camera, but if their back is turned to the camera.. how on earth is anyone going to know it's them???

"Oh yeah.. that's my derriere all right...  "

"I am going to sue... they shot a picture of my back and my arse without my permission."

Anyway... any thoughts?  Should I appeal???

Also... I shot some pictures of some old Air Force planes... and they rejected them for the logo.  What's up with that?  I mean the logo is part of the plane's identity/history. 

I mean what is B17 WWII bomber without the Air Force Logo on it?

Cricket


jsnover

« Reply #1 on: July 21, 2008, 21:50 »
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Some agencies - iStock for example - have started tightening the model release rules so that if a person is the main subject of the image and is recognizable (i.e. not a silhouette) they want a model release. People can recognize themselves in a number of ways, and they feel that if you are making them the subject, you need to get a release, face or no.

You can take all the pictures you want from public property and don't need permission. It's just selling it as stock that requires you to get a release.

The military logos are intellectual property and the sites are getting tougher about use of that (not all sites and the rules vary enough that it can be hard to keep track if you really want to push the limits.

Pixel-Pizzazz

« Reply #2 on: July 22, 2008, 01:20 »
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I'm glad to see that at least one agency is buckling down on grab shots.  It would be nice to see other agencies follow suit.

Sorry to the OP.

I've always been opposed to stock images that are grab shots of some unsuspecting person going about their business.

DanP68

« Reply #3 on: July 22, 2008, 02:32 »
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I agree with the replies.  Shooting people from behind to avoid the use of a MR is something all agencies should outlaw.  The confusion comes in when some agencies actually reject an image with a MR attached because they feel it is not needed.  A few posters have had this problem with Dreamstime in recent months. 

« Reply #4 on: July 22, 2008, 03:17 »
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I got rejected image of a man from behind on Dreamstime, because I attached MR, and it was not needed. I mean couldnt they remove MR or leave it, it wont harm in any way.

RT


« Reply #5 on: July 22, 2008, 04:19 »
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I got rejected image of a man from behind on Dreamstime, because I attached MR, and it was not needed. I mean couldnt they remove MR or leave it, it wont harm in any way.

I've had a few of these in the past, extremely stupid thing to do on their behalf.

« Reply #6 on: July 22, 2008, 08:46 »
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I understand a model release is necessary if a person has their face turned to the camera, but if their back is turned to the camera.. how on earth is anyone going to know it's them???

"Oh yeah.. that's my derriere all right...  "
Yes I wold recognize my fat ass in a photo.
« Last Edit: July 22, 2008, 08:59 by yingyang0 »

« Reply #7 on: July 22, 2008, 11:37 »
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To defend DT... (I think I know the answer to this one because I complained about the same thing before...)

The probable reason for rejecting the MR's is the way they run their search engine.  If a designer clicks the "with people" box, they don't want to receive photos of body parts or shot from the back.

But I have to agree... why not send a note to the photographer that the model release has been removed instead of messing with your acceptance ratio. 

DanP68

« Reply #8 on: July 22, 2008, 15:40 »
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But I have to agree... why not send a note to the photographer that the model release has been removed instead of messing with your acceptance ratio. 


Exactly!

tan510jomast

« Reply #9 on: July 22, 2008, 15:53 »
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you have to understand the consequence of literally "shooting ppl behind their backs".
i had one of a mother carrying baby , no face visible, which i submitted as EDITORIAL, which was rejected too, EVEN for EDITORIALS.
i even made it a homage "to motherhood, for international mother's day".  but it was rejected.  and i can understand when the reason was given to me.


the thing is, we have to realise, that sometimes, we don't like to see ourselves on the cover of some cereal box, and not being told about it.
some ppl don't like it, based on religion, or old fashioned cultural reasons.

can i tell if someone took a picture of me from behind, that it's me?
you betcha your booties i can!

so will those riders,etc...

hey, i am not against the decision of the need for MR entirely.
i have lots of people photos that i couldn't use too. but it's the reality.
find something else to shoot, instead of other people's backs!
good luck!  8)

on that note, i think what's even worse is to see many ppl publishing photo with frontal faces from 3rd world poor countries, all without MR. i think that is crass. poor ppl have rights too. 8)

« Last Edit: July 22, 2008, 16:04 by i am a horse now »

« Reply #10 on: July 22, 2008, 15:53 »
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And appearently they still accept people's backsides if the submitter is an exclusive on IS. I saw some examples (ie. a marching national guard in Athens with his back turned to the camera). It draw my attention because a very similar shot of mine was rejected - of course not because of technical/quality reasons but because of model release requirement.

tan510jomast

« Reply #11 on: July 22, 2008, 16:05 »
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And appearently they still accept people's backsides if the submitter is an exclusive on IS. I saw some examples (ie. a marching national guard in Athens with his back turned to the camera). It draw my attention because a very similar shot of mine was rejected - of course not because of technical/quality reasons but because of model release requirement.

 :o

« Reply #12 on: July 22, 2008, 16:16 »
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Luckily paranoid US laws are not so common outside US and I hope it will remain there. Some of these MR/PR stupids do not realize one important fact: How . could you get MR from 3rd world ppl not speaking english and not able to sign it? We could dispute pretty long about this! Is that still valid if they cant understand it? Is it finger print ok instead of signature? Did you offer them fair price/conditions compared to your home country etc. etc.
And how . should you get PR of state owned monument in the country where PR doesnt exist in the law?! Because it doesnt exist no office is responsible/allowed to sign that for you and then what should you do???

jsnover

« Reply #13 on: July 22, 2008, 16:24 »
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And appearently they still accept people's backsides if the submitter is an exclusive on IS. I saw some examples (ie. a marching national guard in Athens with his back turned to the camera). It draw my attention because a very similar shot of mine was rejected - of course not because of technical/quality reasons but because of model release requirement.

I'm not sure how you know that they didn't get a model release?

I have something in the queue now with 3 people, back to the camera, in a shot out in public. I have a model release for all 3. Just because a picture is accepted with a shot of someone's back, doesn't mean no model release was provided.

tan510jomast

« Reply #14 on: July 22, 2008, 16:26 »
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that's no excuse, basti.
so, it's ok if i don't understand german, norweigan,etc...?
i can take photos of your children and sell them too?

not paranoia, just common decency respecting another human being.
poor ppl have a language too, and if i travel, which i do alot, i have an interpreter.


« Reply #15 on: July 22, 2008, 16:52 »
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I've told this before, there was a woman here in Brazil who won a lawsuit against a bank that used a shot of her on the beach (back facing the camera, entering the water) in their advertisements.  This was a very famous case then, and she made a lot of money out of her butts afterwards (like posing for Playboy).

I wonder if there was some kind of need to prove in court that the body in the ad was hers.

Regards,
Adelaide
« Last Edit: July 22, 2008, 16:55 by madelaide »

« Reply #16 on: July 22, 2008, 16:54 »
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Some of these MR/PR stupids do not realize one important fact: How . could you get MR from 3rd world ppl not speaking english and not able to sign it?

It's simple: if you don't have a MR, you don't have the right to sell those images for commercial use.

I do hope most countries respect this.

Regards,
Adelaide


« Reply #17 on: July 22, 2008, 16:56 »
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I'm not sure how you know that they didn't get a model release?

I have something in the queue now with 3 people, back to the camera, in a shot out in public. I have a model release for all 3. Just because a picture is accepted with a shot of someone's back, doesn't mean no model release was provided.

Simple: It's a national guard, a soldier in his uniform. He cannot provide a model release even if he wants to.

tan510jomast

« Reply #18 on: July 22, 2008, 17:04 »
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Simple: It's a national guard, a soldier in his uniform. He cannot provide a model release even if he wants to.

hmm, good point. i never thought of that. no national guards, or any guards for me, for sure ! cheers volk65.

another thing, without a MR no buyer will take your image anyway, right?
they know they can't use it without a MR.

« Reply #19 on: July 24, 2008, 13:18 »
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I got rejected image of a man from behind on Dreamstime, because I attached MR, and it was not needed. I mean couldnt they remove MR or leave it, it wont harm in any way.

I think you should not smoke some funny stuff if you are reviewing uploads!  :D

« Reply #20 on: July 25, 2008, 04:39 »
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Simple: It's a national guard, a soldier in his uniform. He cannot provide a model release even if he wants to.

hmm, good point. i never thought of that. no national guards, or any guards for me, for sure ! cheers volk65.

another thing, without a MR no buyer will take your image anyway, right?
they know they can't use it without a MR.


ah, there's the rub... there's an assumption there that buyers know about when they need model releases. Haha - people buying a $5 image for a blog don't know a fig about MRs - maybe the big commercial buyers/magazines etc do - but i suspect that at least 50% of the buying public doesn't know when they need an MR'd image or not. Heck 1/2 the photographers don't know either!

anjo J

« Reply #21 on: July 25, 2008, 12:51 »
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maunger , you are right. as many buyer are uninformed as many photographers. They assume that the world wide web is open space and free market. We see the problem already with music and films. Now it's slowly moving to stock photography.


 

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