BetterPhoto Q&A
Category: Getting Model Releases

Photography Question 

Jessica A. Eiss
 

Model Releases for War Re-enactments?


Just wondering, as I'm planning to go to one this weekend. What do you do about those instances? Curious.


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August 14, 2006

 

Mark Feldstein
  OK, here's the rule: If you publish a photograph of someone, whether you publish it electronically, in print, or put the image on display in a public/private place other than a home, AND if the person in the photograph is recognizable, you need a release signed by an adult or an adult guardian on behalf of a kid less than 18 years of age.
There are a few exceptions to the rule, and among them is the news exception wherein a court of competent jurisdiction determines the public had a right to know or see the images because they were newsworthy.
Battlefield re-creations are certainly NOT real battles or wars. Yes, you need a release which is merely your first line of defense in the event you get sued for publishing or selling without the identificable subject's permission.
There is also no exception wherein the subject is a prominent individual or public figure, and NO EXCEPTION granted merely because someone happens to be outdoors in public.
How to handle it? Get the individuals to sign or a blanket release from the promoter on behalf of the actors (which, depending on where you live, may not be binding unless they've had notice and an opportunity to opt out of the deal).
Okie dokie?
Mark


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August 14, 2006

 

Dale M. Garvey
  There is good discussion here
http://www.danheller.com/model-release.html


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August 15, 2006

 
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