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Author Topic: Do I need a model release for this image?  (Read 3161 times)

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« on: September 21, 2010, 01:08 »
0
hi all,

I would like to know if a model release is required for this image? face is not seen but is a helmet and shirt can be considered
'recognized'?

thank you.




Uploaded with ImageShack.us

admin edit: changed thread subject
« Last Edit: September 21, 2010, 02:54 by leaf »


SNP

  • Canadian Photographer
« Reply #1 on: September 21, 2010, 01:11 »
0
I'd say it depends on the agency you're submitting to. the context makes the person more identifiable, even though the person makes up a very small portion of the image. I would submit one to be safe.

« Reply #2 on: September 21, 2010, 01:33 »
0
Woooo. that is hard to answer. for Istock is 50%. the boy very small. but than again he is the only one in the picture, is not like you trying to take landscape image but there is always going to be people over there.

« Reply #3 on: September 21, 2010, 01:39 »
0
how about if there is someone who show this shirt and same blue helmet, can it prove he is the one in pictures?

any similar case had been judged by law?

« Reply #4 on: September 21, 2010, 02:12 »
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i browse few website it seems a model release is not required..this image in getty is listed as RF with no model release, and stated it is available for commercial use.


http://www.gettyimages.com/detail/55845202/Photodisc

« Reply #5 on: September 21, 2010, 02:52 »
0
I would guess that you don't need a release.

Check out the model release FAQ on iStock here

An image like this doesn't need a release because the person isn't the main subject in the photo, I would say that goes for your image as well.

« Reply #6 on: September 21, 2010, 09:16 »
0
I'd say no.  I've had a few images like that accepted without a release.  The test isn't whether the person in the photo can recognize themselves from clothing and location, but whether their likeness appears.  Could they be recognized by a third party who wasn't there but knows what they look like?  After all, it's that likeness than a Model Release grants the right to use, not the subject's presence in the frame.

« Reply #7 on: September 21, 2010, 11:30 »
0
I'd say no. But I've had plenty of rejections in this area with a person who is barely recognized as a human. I rarely shoot anyone anymore in any type of "natural" scene unless I'm the model. Lots of sites are just plain nuts in this area. Blame the fear of lawyers.

« Reply #8 on: September 21, 2010, 21:01 »
0
When uploading you always have to remember your not in the real world anymore .. you're in microland .. where all the laws are made up on a whim ... guess .. assumption .. misconception .. urban legend .. or whatever the excuse of the day might be.

« Reply #9 on: September 23, 2010, 09:01 »
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I sent an email to alamy and they gave me a reply that i think is a 'cut and paste' from their general reply. In alamy, as long as there is a person, even is not recognizable, a model release is required.

so now i wonder should i just go ahead to put it as RM or just sent it to microstock..


 

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