 Sandy |
Do artists need Releases like Photographer's?
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Mark Feldstein |
Greetings Sandy: The standard disclaimer is essentially that this is a site for photographic and not legal advice. So, even though you may get a lot of replies to your inquiry (which is a good one) the best and safest source for you to get an accurate answer, one that you can legally rely on, is to show your work and explain what you're proposing to do (or have done) to a lawyer who specializes in intellectual property law in the state where you live. As a general response, the release laws aren't limited to photographers, whether professional or not. Model releases are intended to protect the rights of a depicted individual to privacy and how an image / likeness of them may be utilized. Releases, no matter how they're written, don't confer immunity from a lawsuit on the photographer or anyone else for that matter. They may serve as a valid defense to an action for libel or invasion of privacy. While faces are probably the most recognizable characteristics of people, there are other distinctive ways to recognize individuals and what you're proposing is commercial and not private use of people who have their facial features obliterated but may in fact, be recognizable in many other ways. So unfortunately, I don't think it's quite the perfect solution you suggested. In my view, you should have a simple release that tells the people what you intend to use the altered image for and gives you express written consent to do that. Aside from that, like I said: Take some examples of your work, both before and after you modify it and talk to a lawyer in intellectual property law. Take it light and persevere. ;>) Mark
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Sandy |
Hi Mark, You're response led me to research intellectual property law... and I found out that "World Intellectual Property Day" is on April 26, 2005! I roughly quote statements from the www.wipo.int website, as follows. WIPO has tailored its 2005 World Intellectual Property Day message and publicity material towards... overarching objectives... to encourage people to recognize their own ability to create, increase understanding of how protecting IP rights helps to foster creativity and innovation, to raise awareness of the importance in daily life of patents, copyright, trademarks and designs. I read this ofcourse, on one side note, realizing I just signed a "work made for hire contract" to work for the local newspaper as a freelancer, knowing full well that the ASMP, American Society of Media photographer's opposes it as a detriment to the industry (because the paper takes your copyright away from you along with all rights to your images). It does seem ironic. I'm fully aware of the unfairness of such contracts, and I have my own share of industry guilt for signing it, but it's how photographpy is about how I want to experience my life. I need the experience and the creative stimulation.... Maybe part of being a photographer is a sort of self-destructive tendency, and need to always search constantly to find inspiration in life and reinspired (through photography). Again, thank you for your timely and thoughtful reply, Mark. Regards, Sandy.
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