At 03/10/2008, you wrote:
Doug Herr asked:
>>>DID YOU GET A SIGNED MODEL RELEASE????<<
David responded:
>> And, no, I didn't. But then, just like birds, you don't need one,
if their faces don't show.<<<<
David mon ami,
Because this is a beautiful photograph with what looks like a high
potential for sale, may I suggest you get a release as soon as you
can. Better safe than sorry!
YOU may not be able to see “their faces.” But they can recognize
themselves from the back and in a court of law with a very good
lawyer who knows how to pull “yer ying yang” he or she could easily
nick you for more dollars than you’d ever imagine!
Particularly if the photo were used by an advertising agency on the
premise of… “Well you can’t see their faces, so who can tell who they
are?”
The scary part is the people in the photo can tell who they are and
that’s all that matters, face or no face.
Get the release then you have it!
Actually, most if not any stock agency, reputable ones anyway or
certainly any advertising agency wouldn’t touch it with a ten foot
pole without a release.
I nearly lost $13,500. 00 dollars a few years back for exactly the
same reason. I said, “You can’t see his face! So what’s the big deal?”
Look at it this way… “It was $13,500.00 or not!!” And that was the
big deal! My good fortune when I tracked the subject down, guess
what? He had died! And their weren’t any heirs so I was home free and
$13,500. in pocket!
Trust me, if you don’t get the release for a couple of prints you may
rue the day you didn’t have it in hand!
Don’t think about it, get the release! Particularly if these ladies
are as close as you say, give each a print and get them to sign, period!
Done and over with and yer ass is covered!!
ted
Good Mornin', Ted!
OK... OK. I'll get the release!
However, it is interesting to me that I've had several, recent
discussions about this very thing with the lawyers and agents at the
Knowledge Network. They maintained that I did not need a release from
the middle chap (in the red) even though his face is partially visible.
http://www.main.furnfeather.net/LL-Life/MHH_title.htm
Moreover, they have told me that if the back of a person's face is to
the camera, a release is not required.
I was able to get the release, so I did - and they bought the photo,
though they would have done so without a release.
I like the shot, but had not considered that it might have good sales
potential. It seems I may be wrong!
It seems that I do many smart things only after a solid nudge from
you, Ted!
So, I'll consider myself "nudged", once again.
Cheers!
---
David Young,
Logan Lake, CANADA
Limited Edition Prints at: www.furnfeather.net
<http://www.furnfeather.net/>
Personal Web-site at: www.main.furnfeather.net
<http://www.main.furnfeather.net/>
Stock Photography at: http://tinyurl.com/2amll4
