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Thread: Any legal / rights issues with celebrity photographs?

  1. #1
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    Default Any legal / rights issues with celebrity photographs?

    Hi fellow CSers,

    Doing some research for a future commercial project so need a bit of help here.

    Understand that quite a lot of CSers here actively follow events to shoot celebrities and stars. For photos taken of celebrities and stars during public events, I believe that the rights of the photos belong to the photographers?

    What about press conferences and other functions which is not accessible to members of the public?

    Does the photographer have the right to reproduce the photos as prints for sales or as digital copies on the Internet?

    Would release permission have to be obtained from the stars or their management company?

    Would appreciate greatly to hear from fellows CSers with legal backgrounds.

    Thanks,
    Cal

  2. #2
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    I am thinking anything that is shot in a private premise, at the invitation of the organiser or premise owner, you would best to ask for a release. I know that production companies ask my company to sign studio releases even though they pay for the usage of the facility.

  3. #3

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    For sales of photographs or digital prints ... model release form must be obtained.
    AMPA * WPPI * J team

  4. #4

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    Can someone provide a model sample release form? From all obligations even commercially. So far i used verbal agreement, I think it is safer that i go by the book. Any kind souls here?

  5. #5
    vince123123
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    hmm..?

    Quote Originally Posted by KNIGHT ONG
    For sales of photographs or digital prints ... model release form must be obtained.

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    Quote Originally Posted by KNIGHT ONG
    For sales of photographs or digital prints ... model release form must be obtained.
    Meaning I need a release form from the artiste management company in this case?

  7. #7
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    Quote Originally Posted by calisc
    Meaning I need a release form from the artiste management company in this case?
    if it is an event, I think you just need release from the organiser. if it is a model shoot then you need release from the model's agency.

  8. #8
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    how about selling pictures to the models/persons shot? no need release right?

  9. #9
    vince123123
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    For those who said that releases are needed, i'd like to know two qns

    Qn...is a release necessary?
    Qn...what is the legal basis for saying a release is necessary?

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    keke here we go

  11. #11
    Senior Member Sion's Avatar
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    Quote Originally Posted by Tagore
    Can someone provide a model sample release form? From all obligations even commercially. So far i used verbal agreement, I think it is safer that i go by the book. Any kind souls here?
    You can go to:

    http://photography.about.com/cs/businessforms/

    to download PDFs of MR forms from ASMP.

    Don't thank me. Thank the interent.

  12. #12
    vince123123
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    It would be useful to note that ASMP stands for

    "American Society of Media Photographers"

    Cheers!

    Quote Originally Posted by Sion
    You can go to:

    http://photography.about.com/cs/businessforms/

    to download PDFs of MR forms from ASMP.

    Don't thank me. Thank the interent.

  13. #13

    Lightbulb

    Quote Originally Posted by vince123123
    For those who said that releases are needed, i'd like to know two qns

    Qn...is a release necessary?
    Qn...what is the legal basis for saying a release is necessary?
    Qn 1 - necessary to protect the party/parties whom the release is released to, from legal complications, in the unfortunate event.

    Qn 2 - the legal basis is that the release is a consent given within the terms and conditions of the release, in a written form given by the 'model' to the photographer. Consent here includes not obtained under duress, supported by consideration, etc.

    Of course, the photographer/s using it must ensure that it is legal in all respects.

  14. #14

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    yes a release is important....unless i am super sure i will not want to have anything to do with the photos after i settle the post processing....the best is to get a release....

    calisc....which one do u want.....model??? juvenile model??? event????

    i send u...(mine's also downloaded from somewhere, but after changin it to a more user friendly format and the removal of some clauses that people here dun really like)....

    cheers!!

  15. #15
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    eh thanks guys....thanks for the comments but seems a bit OT...

    I am more coming from the angle about celebrities and star's photos.....

  16. #16

    Lightbulb

    Quote Originally Posted by calisc
    eh thanks guys....thanks for the comments but seems a bit OT...

    I am more coming from the angle about celebrities and star's photos.....
    stars or no stars, if I were you, I would do the same. there's enough stories in the medias! haven't you heard them? a consent in writing beats them all!

  17. #17
    vince123123
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    Actually when i meant legal basis, I meant things like under which statute law or case law states that consent is even necessary? The converse side would be, if i sell or use the photos WITHOUT consent, on what grounds can the model sue me? contract? tort? proprietary rights? criminal?

    these are questions to be answered before everyone jumps on the bandwagon saying releases are necessary.

    Quote Originally Posted by reachme2003
    Qn 1 - necessary to protect the party/parties whom the release is released to, from legal complications, in the unfortunate event.

    Qn 2 - the legal basis is that the release is a consent given within the terms and conditions of the release, in a written form given by the 'model' to the photographer. Consent here includes not obtained under duress, supported by consideration, etc.

    Of course, the photographer/s using it must ensure that it is legal in all respects.

  18. #18

    Lightbulb

    Quote Originally Posted by vince123123
    Actually when i meant legal basis, I meant things like under which statute law or case law states that consent is even necessary? The converse side would be, if i sell or use the photos WITHOUT consent, on what grounds can the model sue me? contract? tort? proprietary rights? criminal?

    these are questions to be answered before everyone jumps on the bandwagon saying releases are necessary.
    pls clarify as it is late.

  19. #19

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    Cal, i came across this site sometime ago when i was doing my own research for some project.

    maybe it can help you?

    Go to IP > Copyright .. there are more links abt the various aspects of copyright.

  20. #20

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    Does the photographer have the right to reproduce the photos as prints for sales or as digital copies on the Internet?

    to answer this qns, it wld seem that if you're being engaged as the photographer, then no, you're not allowed to reproduce the photos for sales or as digital copies.

    quote from IPOS website:
    Photographer or artist If a photographer is engaged to take photograph of a person or an artist is engaged to draw a portrait of a person, that person owns the copyright and has the right to restrain the photographer or artist from using the photograph or painting for any purpose that he has not agreed to.

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