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Re: Girls and self image: legal issues
Posted By: Carrie, on host 24.8.51.73
Date: Wednesday, March 22, 2006, at 21:24:04
In Reply To: Re: Girls and self image. posted by Dave on Wednesday, March 22, 2006, at 19:28:07:

> I wonder now how far these retouches go, and if there's any legal issues involved. For instance, in the picture where the woman got her bikini bottoms essentially removed, if that model was unhappy with the final product, would she have any recourse?

Nope. When someone is having their photo taken for commercial purposes, they normally sign a model release form which basically says the image may be used in any way the photographer/company chooses. If digital manipulation is planned or likely, there will be a clause about that too.

Another aspect of photographic model releases is that the model gives up any right to complain about the context in which the image is used. For example, at the magazine where I work, we had an article recently about baggage theft at airports. We illustrated it with a stock photo showing a man picking up a suitcase from a baggage conveyor in an airport.

Now, if this photo was accompanied by an article about (say) going home for Thanksgiving, the man in the photo would have looked like an ordinary happy traveller. But it was with an article about theft, above a caption about criminals who steal bags from conveyors. This instantly makes the man in the photo appear to be a shifty, low-life, baggage-stealing scumbag.

Because we got it from a stock agency, the photo was model-released. The model knew his photo could be used for absolutely anything, with any wording. We can happily and legally imply that the man in the picture is a criminal, an alcoholic, a child molestor or anything else that the advertisement or story requires - because the model had agreed to that.

However, if we had obtained this photo by simply going down to the nearest airport and taking a photo in a public area, it would be both unethical and highly illegal to print it with a caption implying theft was going on, and any recognisable person who appeared in that photo and took offense could rightly sue the crap out of us.

Here's a typical model release form.

----------------------------

Model Release

In consideration of my engagement as a model, upon the terms herewith stated, I hereby give to [photographer], his/her heirs, legal representatives and assigns, those for whom [photographer] is acting, and those acting with his/her authority and permission:

a) the unrestricted right and permission to copyright and use, re-use, publish, and republish photographic portraits or pictures of me or in which I may be included intact or in part, composite or distorted in character or form, without restriction as to changes or transformations in conjunction with my own or a fictitious name, or reproduction hereof in color or otherwise, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose whatsoever.

b) I also permit the use of any printed material in connection therewith.

c) I hereby relinquish any right that I may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.

d) I hereby release, discharge and agree to save harmless [photographer], his/her heirs, legal representatives or assigns, and all persons functioning under his/her permission or authority, or those for whom he/she is functioning, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.

e) I hereby affirm that I am over the age of majority and have the right to contract in my own name. I have read the above authorization, release and agreement, prior to its execution; I fully understand the contents thereof. This agreement shall be binding upon me and my heirs, legal representatives and assigns.

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