[rollei_list] Re: What good is a model release now?
- From: "Richard Knoppow" <dickburk@xxxxxxxxxxxxx>
- To: <rollei_list@xxxxxxxxxxxxx>
- Date: Wed, 9 Feb 2005 08:27:12 -0800
----- Original Message -----
From: "Neil Gould" <neil@xxxxxxxxxxx>
To: <rollei_list@xxxxxxxxxxxxx>
Sent: Wednesday, February 09, 2005 5:40 AM
Subject: [rollei_list] What good is a model release now?
> Hi all,
>
> I have a question for those who have heard of the recent
> "Taster's Choice"
> case in California, where a jury awarded some ungodly sum
> of money to a
> model whose photo was used by Nestle though they had paid
> him for a shoot
> intended for another of their products. What are the
> implications for a
> model release if the purpose is stock photography? Does
> this make the
> concept of stock photography a risky proposition?
>
> Regards,
>
> Neil Gould
> --------------------------------------
> Terra Tu AV - www.terratu.com
> Technical Graphics & Media
>
Its worth finding the news story and reading it. The
fellow's picture was used on Taster's Choice lables for
years without permission or payment. This wasn't a single
violation or a small one. While the award may seem very
large it probably isn't in light of the size of Nestle or
its revenue. One function of the civil court is to attempt
to stop undesirable behavior by means of punitive damages.
Since all businesses ultimately aim to maximise return on
investment anything which is damaging to that goal will get
attention and be changed. Many businesses indulge in
behavior which is unethical because they find it profitable
and think they are untouchable. The size of the award here
has more to do with stopping the behavior than with actual
damages to the model.
Of course Nestle will appeal and continue litigating.
Very often civil cases are won by the side that can out
litigate the other rather than on merit. Criminal trials
aren't immune to this either as the O.J.Simpson and Kobe
Bryant cases demonstrate.
---
Richard Knoppow
Los Angeles, CA, USA
dickburk@xxxxxxxxxxxxx
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