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October 12, 2007

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roo

Out of interest, how often do you get riders to sign model releases?

Seb Rogers

Sometimes. Probably not as much as I should. For editorial use releases really shouldn't be an issue. But even for commercial use, a release isn't always needed.

Having said that, image libraries are tightening up on this kind of thing and it's certainly something I'll have to look into for the future. One of the things I've never understood is that if an unreleased image is used and legal action arises as a result, it's the photographer - and not the client - who is liable. That seems to apply even when a client chooses an image for a commercial venture in the full knowledge that it's unreleased, which to my (untrained, from a legal point of view) mind looks like making the photographer liable for other people's decisions over which he has no control. Barmy.

Juan

If you shoot someone in france, you still own the copyright but you're bound by right to get is permission for the picture.

It's called droit à l'image. Wich means, the picture you took might be your property, but the image of the subject is still the subject property. So you can't do anything with it unless you ask him.

Just to clarify as lot of people do trip to the alps.

Cheers

Juan

Seb Rogers

Thanks Juan, I'd forgotten about that. I forget whether there is an exception in the French law for news photos, but there was a huge fuss amongst pro photographers when the new measures were first introduced. It's a daft and unworkable piece of legislation, IMHO. In practice it means you can forget about selling images shot in France if they contain any (recognisable) people.

I wonder what Henri Cartier-Bresson would've made of it...?

roo

Thanks for that Seb, and that French thing is odd...

Juan

If you go to france and buy a live ticket.

Small prints states that buying ti you give away your "droit à l'image".

I have still no clue of what would the law be for someone taking a pics in england of a french people.

Or publish a pics in france of a non french.

I think best is to ask to be honest.
And tell people you will mail them a picture.

Seb Rogers

The cynic in me wonders whether that small print is more for the promoter's benefit than the photographers' ;-P

I think it's always polite to ask anyway, but there'll be plenty of times when this simply isn't possible. As for taking pictures of French people in the UK, UK law applies here regardless of nationality, as far as I'm aware... alors pas de droit a l'image :)

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