BetterPhoto Q&A
Category: New Questions

Photography Question 
Marius De Valmont

Censored photo and model release liability

I have a photo photo of myself and another person, shot by a third party. I want to post this photo on the web. I have altered the photo and censored in, making the other person "anonymous" by placing a "black rectangle box" over the eyes. This person is wearing no personal jewelry, has no tattoos or personal distingushing marks. They are now just "any blonde". Do I need a "model release" and permisson from the person IN the photo with Me if they could now be "anyone" ?

To love this question, log in above
3/27/2005 1:08:10 PM

Diane Dupuis
BetterPhoto Member Since: 12/27/2003
  Gee - why would you have your picture taken with someone who you hate enough to put a black rectangular box over their eyes? And eyes aren't the only distinguishing feature on someone.
Why not just get the release from the other person in the photo? And I'm not sure what you mean about "censored photo" but if it is in any way not family oriented (i.e. lots of nudity and/or sexual) may I suggest not posting it on a family site like BP...

To love this comment, log in above
3/28/2005 4:00:06 AM

Marius De Valmont   "I have altered the photo and censored it, making the other person "anonymous" by placing a "black rectangle box" over the eyes". Don't know how much more "plain" I can make it.
I did not do it because I hated them, I did it to protect there identity,.....and so I could STILL use the photo publically. I had their permission at one time to display it and publish it,............and now I do not. No,.... I was not intending on putting it on ANY "family site". This is just a legal, liability question. If I have censored the identity of the other person, can they bring suit against me if the only person who knows its them,...... is them.?

To love this comment, log in above
3/28/2005 10:37:15 AM

Gregory LaGrange
BetterPhoto Member Since: 11/11/2003
  Never fear nudity, only paranoia.

Butt(no pun intended) back to the question. People can always try. "Hey you can tell that's me because that's my mouth" Succeeding at it is another, but you'd still have to go through it if they did try. But that's a realistic scenario that would usually arise when there's more money involved.

In this case, that should be enough, but might as well go ahead and gaussian blur the whole face. You've seen tv shows do that

To love this comment, log in above
3/28/2005 1:22:56 PM

Christopher A. Vedros
BetterPhoto Member Since: 3/14/2005
  I certainly don't have Greg's way with words, but I'll toss off a few questions to Marius:
Why do you still feel compelled to post this photo with black boxes or blurred faces, etc? Do you feel it still has some artistic merit even with all that? Does the benefit of posting it outweigh the risk of embarrasing or angering someone enough that they may want to sue you?

Just wondering?

To love this comment, log in above
3/28/2005 2:30:04 PM

Kerry L. Walker   I'm with Christopher. I assume from what you have said that it must be a nude photo. I have nothing against nude photography if it is done in an artistic manner. Good artistic nudes evolke a mood or feeling. Nudity for the sales of nudity is rampant on the internet so you won't be adding anything new. If the photo is truly worth posting, just get a model release. Otherwise, fofget it.

To love this comment, log in above
3/28/2005 3:50:09 PM

Log in to respond or ask your own question.