Any legal / rights issues with celebrity photographs?


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#1
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
 

hwchoy

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Jul 16, 2003
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#2
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.
 

Tagore

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Aug 2, 2004
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#4
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?
 

V

vince123123

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#5
hmm..? :think:

KNIGHT ONG said:
For sales of photographs or digital prints ... model release form must be obtained.
 

hwchoy

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#7
calisc said:
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.
 

V

vince123123

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#9
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?
 

#11
Tagore said:
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.
 

reachme2003

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#13
vince123123 said:
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.
 

Witness

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#14
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!!
 

reachme2003

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Oct 6, 2003
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#16
calisc said:
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..... :sweat:
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!
 

V

vince123123

Guest
#17
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.

reachme2003 said:
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.
 

reachme2003

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Oct 6, 2003
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#18
vince123123 said:
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.
 

Jul 20, 2004
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CCK
#19
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.
 

Jul 20, 2004
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CCK
#20
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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