smurfman said:
My question to PSS Mr. Steven Yee:
If some one took a very good pic, the image got big impact on our society, everyones loves it, the photographer got famous, HPB very please, then suddenly, the third party which appear in the photo sue HPB, can you let me know what will the photographer bear?
Very simple question, PSS members or Mr. Steven Yee, just answer directly. Thk you.
I think steven better go sleep first, just touch down only.
Just to satisfy the curiosity of smurfman, in my opinion, when the judges select the winning entries, there are many factors that came into their mind. Technicality is one, relevance to theme is next, creativity and the X factor follows.
It is hard to say how ONE IMAGE can have how much impact on the Society. So far, I have yet to really see one such pix. It is impossible as everyone has different taste and preference.
I am sure not if anyone goes around shooting and making others sign model release form. This is also the reason why some regular award winning photographers prefer to submit pix of their family members in action. This is also the reason why organisations, when they have their advertising campaign, insist of using commercial models with model release for their ads and not images from the competition. How often do you see orgainsations made use of winning images from competition for their ad campaigns? Probably one in ten chance, as it is hard for the designer to specially skew the design concept to cater for the picture. You spend some time in this field and you will know what I mean.
Even if such a case happens, there is room for settlements. The organiser will step in and negotiate if they really need the picture badly. By the way, do you know that it is a common case where a good pix is dropped from a campaign ad just because it might have potential legal issues?
The common trend in today's competition in settling this issue is organiser will have a 'search the model' campaign, identify the model in the photographer's winning pix (only if it is a head shot of the model and no one else), and reward him or her in some way. I am not sure if HPB has plans for this or not in their campaign.
We cannot speak on behalf of the Press photographers, who are facing this problem everyday. But I am sure many people do not mind being featured in the papers. I will probably buy a stack of newspapers if I am featured in it.
This is one very simple candid answer, an attempt to satisfy smurfman and others.
I have answered you directly as required, at the expense of my time, to educate, and I hope you have shed some light out of it. Using an image for commercial use is not as simple as one think it to be.