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Photography Question 
Patricia H. Daley
BetterPhoto Member Since: 5/4/2000
 

Model Release For Cemetery Statues


Do I need a model release for a cemetery statue? If so, do I get the release signed by a relative of the person whose statue I photographed or do I get the release signed by a cemetery official?

Thanks


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8/4/2008 4:00:42 AM

 
W.   
No, Patricia.
Model releases are required for LIVE models/people. Not for dead stone statues.
Also, model releases are only required if you are going to publish or sell the image(s).

Have fun!


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8/4/2008 10:24:46 AM

 
Patricia H. Daley
BetterPhoto Member Since: 5/4/2000
  Thank you, W.S. for your response. I have a photo of a cemetery statue that someone wants to buy. I realize that model releases are require for live models, but with this photo, I didn't know if I needed the cemetery's or family's permission.

Patricia


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8/4/2008 11:04:08 AM

 
W.   
"I didn't know if I needed the cemetery's or family's permission"

Legally, you don't. But it would be civil to advise the family not ask them! what you did/do with the photo.
I would send 'm a small print or image file as well, for civility's sake. Hey, you never know: they may even purchase a big print of it from you!


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8/4/2008 12:13:20 PM

 
Mark Feldstein
BetterPhoto Member Since: 3/17/2005
  Kind of like a 'post mortem portrait'? How bout shots of the whole (deceased) family.

Nonetheless, to play devil's advocate for a moment or two, do you guys think it would make a difference if the cemetary was on public or private land? Was a trespass required in order to create the photograph? (Trespass by definition is "the entry on the land of another without privilege or consent"). How bout the possibility that the person who carved the headstone was an artist employed by the family to create a unique work to remember an individual? Can a stone cutter copyright their work and is notice required or is it implied/constructive rather than actual notice?

Is it better to ask foriveness rather than permission? Whaddya think guys?
M.


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8/4/2008 12:51:49 PM

 
Mark Feldstein
BetterPhoto Member Since: 3/17/2005
  Whoops. Forgot one (well, actually many more but one in particular):

How bout someone takes a photo of a grave stone with all details including name, design work, dates, etc., quite recognizable and does so without a release or anyone's permission. Then sells a print (commercial use) to someone who doctors the print in photo shop in a defamatory way somehow but still leaves the original details recognizable. OR uses the photo on packaging for XYZ scarey halloween goblin food. Who, if anyone, is liable to the family, heirs, assignees or the estate in general? Please answer with an essay of 1000 words or less, include references if you have any and your response is due one week from today.
M.


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8/4/2008 12:57:11 PM

 
Mark Feldstein
BetterPhoto Member Since: 3/17/2005
  But WAIT..there's more !!!
Extra credit.

Let's say you photograph a grave stone with a name, etc. on it., and it says "Made People Laugh Throughout his life". While the name isn't quite recognizable in your memory, it turns out to be a famous comedian's real name photographed at a private cemetary that you had to open an unlocked gate to get into. Same deal as before. The photo is used either (a) commercially or (b) doctored but still recognizable to endorse a major product. Two part-question: First, who is liable for what? What possible tort actions are involved? 50 points of extra credit, answer due next week.
Best discussion wins.
M.


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8/4/2008 1:02:37 PM

 
Patricia H. Daley
BetterPhoto Member Since: 5/4/2000
  Either I'm dumb as can be or I've opened a "can of worms", no pun intended. Think I'll just see how it goes. Thanks, guys, it was entertaining.

Patricia


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8/4/2008 1:27:11 PM

 
Mark Feldstein
BetterPhoto Member Since: 3/17/2005
  Dumb Patricia? Hardly. Inquisitive yes. Dumb no. Can/box of worms? Perhaps so. LOL !!! I HATE worms. One reason why when I shuffle off the mortal coil, I'm going out with a bar-b-que, lots of beer, Jack Daniels and jazz combos :>)))
M.


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8/4/2008 2:04:16 PM

 
W.   
There are an awful lot of people always yelling how they hate lawyers! While in fact they LOVE 'm! It's a national pastime to obfuscate the REAL issues and bury the opposition under mountains of irrelevant shifty details, which' veracity very much remains to be seen.

I won't ever forget the "WMDs".


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8/4/2008 4:22:46 PM

 
  you'll have to get a release from the bird that crapped on them too. Get it, a release for its release.LOL!!


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8/10/2008 12:29:20 PM

 
Mark Feldstein
BetterPhoto Member Since: 3/17/2005
  Speaking of bird excrementis, looks very familiar like derek alert time...again.
M


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8/10/2008 11:04:59 PM

 
W.   
Puhlease!


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8/10/2008 11:12:22 PM

 
Sarah G   You'll just have to let Mark be. At this point in time he's fixated on Derek. This isn't the only thread he's made this comment on.

ROLLING IN LAUGHTER ON THE FLOOR!!!

Take your temp, drink plenty of fluids and rest. Derek fever will be over soon if you take care of yourself.


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8/11/2008 6:18:20 AM

 
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