Model Releases for Public Events?

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  • INever
    Confirmed User
    • Jan 2005
    • 4028

    #1

    Model Releases for Public Events?

    Sorry to cross-post but it only took 5 minutes to get to page 2 on the other forum here. Do you think I need model releases to shoot at parades, festivals, conventions, parks, etc....especially if the subjects stop and pose for me?
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  • MichaelAncher
    Confirmed User
    • Feb 2003
    • 742

    #2
    Originally posted by INever
    Sorry to cross-post but it only took 5 minutes to get to page 2 on the other forum here. Do you think I need model releases to shoot at parades, festivals, conventions, parks, etc....especially if the subjects stop and pose for me?
    No, you don't need that.
    If you are shooting parades, festivals etc. then ppl are dressed up to show of, and the only thing they wish, is for you to take their photo.
    It's considered public domain...how about newspapers, they don't run around to get everybodys signature on a release form.

    go ahead, make their day
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    • Fletch XXX
      GFY HALL OF FAME DAMMIT!!!
      • Jan 2002
      • 60840

      #3
      very tough subject.

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      • stev0
        Confirmed User
        • Aug 2003
        • 6801

        #4
        It's not really a tough subject at all... if the images are shot in public, it's no different than them appearing on the news. The photos are NOT public domain, the photographer still owns the rights to them.

        On another note, most public nudity type content is not sexually explicit as defined in the USC 110 2256, so the USC 110 2257 does not even apply.

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        • stev0
          Confirmed User
          • Aug 2003
          • 6801

          #5
          Now... where is this magical place that naked people stop and pose for you?

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          • Fletch XXX
            GFY HALL OF FAME DAMMIT!!!
            • Jan 2002
            • 60840

            #6
            Originally posted by stev0
            It's not really a tough subject at all... if the images are shot in public, it's no different than them appearing on the news. The photos are NOT public domain, the photographer still owns the rights to them.

            On another note, most public nudity type content is not sexually explicit as defined in the USC 110 2256, so the USC 110 2257 does not even apply.
            what about focusing on subjects etc?

            it goes much deeper than just "taking pics in public"

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            • pornicopia
              Confirmed User
              • Jan 2005
              • 156

              #7
              When the "Girls Gone Wild" Production company was sued... Link1 Link2

              The girls sued, however nothing really came about too much. One settled out of court. Heck a few girls were even underage and they lost in court!

              According to their lawyer public nudity is newsworthy and thus public domain..

              Id say Try to get a release signed, but remember if they are drinking, and if they are at mardigras they probably are, it can void any contracts they sign.

              However if you dont get their signature just dont put them on the cover.. hehe Even though you would more than likely win the court case the cost of the hassle isnt worth it..

              Thats just my two cents..

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              • Barefootsies
                Choice is an Illusion
                • Feb 2005
                • 42635

                #8
                You should try and get a release if at all possible. Period.

                Just because someone is "out in public" doesn't make them a "public person". The law is crystal clear on this. A celebrity can have pictures taken like this by the pap's because they are considered a "public person" and because of this, they are not subject to the same protections as a private individual.

                There have been serveral landmark, and related decisons on this matter.

                However,.. you could probably get away with no model releases until someone complains, and then threatens to sue. Then you would have to massive costs and possible civil suits. I'd would just avoid it. But that's my .

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                • INever
                  Confirmed User
                  • Jan 2005
                  • 4028

                  #9
                  I shot 100 pix....

                  About 70 models total. No one else was asking for releases, so I didn't either....http://www.flickr.com/photos/angels99/ ...some of them are here...
                  Last edited by INever; 03-08-2005, 10:00 PM.
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