model release - what can be done?

Canon EF 300mm f/2.8L IS USM

05/16/2007 10:10:50 AM · #1

I'm not interested in sueing anyone, but here's the scenario. I live in Japan and there are tons of night clubs, bars etc frequented by foreigners. Anyways, photographers are in sometimes taking pictures during certain events, like Halloween or at a big music festival. Years and years ago, in one of the major magazines here I saw an advert for an upcoming music festival that I've attended several times. There was a stage and in front of the stage people dancing....who has there hands up in the air having a good time right in the middle of the picture...ME!! I was happy, something to share. After reading stuff here and learning the legalities and what not, could I have sued (Assuming Japan has similar laws to the rest of the western world.)? I've actually been in several ads here just because friends have done them up, or I know the person who owns the bar...it's never been a big deal, and I doubt it ever will be. I know that some photographers/advert designers are amateur and do things 'cheap' and probably don't know any better, but I have seen some pretty pro looking photographers at some of these gigs and wonder if they're playing with fire.

Skip

Canon EOS-1D X

05/16/2007 10:21:06 AM · #2

by and large, it depends on whether you were simply a 'face in the crowd' or whether you were the subject or whether the image was processed in such a way as to make you stand out.

the 'face in the crowd' rule means that you do not need model releases for images with more than 4-7 easily identifiable people; the range depends on local laws.

sounds to me that you were simply part of the crowd.

pineapple

Canon EOS-5D

Canon EF 50mm f/1.4 USM

05/16/2007 10:22:45 AM · #3

Justice comes down to how much of it you can afford, friend. Chasing down a long-lens photographer and proving he/she made money on the deal is next to impossible, unless you have the money and/or backers, or significant power to embarrass. And many photographers know that is the case too. I bet a fair few even fake up model releases. Some nightclubs have terms of entry on the ticket stating that the audience agrees to be filmed...

leko2k

Nikon D90

Nikon AF Nikkor 50mm f/1.8D

05/16/2007 10:22:47 AM · #4

From what I understand, if you're in a public space, there cannot be an expectation of privacy. The same goes for clubs, bars, etc, as long as management of said place allowed the photographer in.

That being said, if the photographer who took that photo focussed specifically on you and you were the major feature of the photo, the right thing to do would have been to get you a model release. Especially if it was a pro and he/she was intending to profit from the photo.

Of course, I'm not a lawyer -- this is just my understanding.

Canon 12x IS USM (S3 IS built-in Lens) -- 36-432mm (35mm EQ)

05/16/2007 10:33:09 AM · #5

I was in a large crow, I doubt I was the 'focus' but I was the only one with my hands up and I stood about a foot over everyone else at that moment it seemed. I don't really care, I just wondered if there were laws in place that said "More than X number of people means no model release necessary." I never thought about the idea of night clubs or bars having an automatic release on photos.

The most recent photo was done by a friend who used my Halloween photo from the previous year in an advert he got paid for. Of course he has nothing to worry about, he's a friend and if he asked I would've signed something. I'm sure he thought I would be flattered (And I was) that I was at the center of the advert for their Halloween bash. I recently asked him for a model release of his son so that I could add it to my portfolio. I don't want to take the chance, especially with kids. I just want to know what advice I should give in the future if someone asks.

GeneralE

Canon PowerShot S3 IS

05/16/2007 10:36:18 AM · #6

Originally posted by heavyj:

I never thought about the idea of night clubs or bars having an automatic release on photos.

Check out the fine print on tickets to sporting events and such as well.

PhantomEWO

Canon EOS-5D Mark II

Canon EF 70-200mm f/2.8L IS USM

05/16/2007 10:40:10 AM · #7

I don't think you have any grounds. A large group, you were not a standout main subject, you were in a place where you did NOT have expectation of privacy, you were not in your own private private property and the photo is more journalistic than commercial. No different than taking a pic of a politician walking out of a massage parlor, if you did not have the expectation of privacy your are fair game to anyone with a camera. Hope you were smiling and didn't have your arms around another man's wife ;)

Canon 12x IS USM (S3 IS built-in Lens) -- 36-432mm (35mm EQ)

05/16/2007 11:02:39 AM · #8

It wasn't 'journalistic' if it was used in an advert for the following years music festival is it?

GeneralE

Canon PowerShot S3 IS

05/16/2007 11:08:16 AM · #9

Originally posted by heavyj:

It wasn't 'journalistic' if it was used in an advert for the following years music festival is it?

It straddles the border between journalism and commercial use, because it is self-promotional -- I think they have the right to document their own history in their promotional materials.

If this was a magazine ad for "Brand-X Dancing Shoes" with a tagline "Like Dancing On Air" (since you were "above" the crowd) they would need a release. For an ad for next-year's version of the event you were at I don't think so. But I'm not a lawyer even in the USA, and I'm less familiar with Japanese law.

I'd say try to grab up a few copies for family and friends and enjoy the temporary fame. : )

FireBird

05/16/2007 11:21:51 AM · #10

Originally posted by heavyj:

After reading stuff here and learning the legalities and what not, could I have sued (Assuming Japan has similar laws to the rest of the western world.)?

Don't know the law in Japan, but....... I do know that Japan only has 20 to 40 thousand lawyers in the entire country.
I don't think they'd have time to track down something so trivial. YMMV, I only played a lawyer on TV, and I stayed at a Holiday Inn last night. ;)

jblaylockrayner

Nikon D2Xs

Nikon AF-S DX Zoom-Nikkor 17-55mm f/2.8G IF-ED

05/16/2007 11:58:38 PM · #11

Often on the way into a club etc if the club knows there will be photographs taken for possible inclusion in ads etc they will post a sign (Or should do!) stating that pics/video will be taken tonight etc and that by entering the club you agree to having your image used if it appears anywhere.

Message edited by author 2007-05-16 23:58:49.

Monique64

Canon EOS-30D

Canon EF-S 17-85mm f/4-5.6 IS USM

05/17/2007 12:58:34 AM · #12

While we are on the topic of release forms, is there a standard form anywhere that I can use or use as a template for my personal release form.

ClubJuggle

Canon EOS-400D Rebel XTi

Canon EF 28-135mm f/3.5-5.6 IS USM

05/17/2007 06:11:41 AM · #13

GeneralE: I believe you're wrong on this. If the photo was used for an advertisement, a model release is required, at least under US law. Japanese law may vary significantly.

leko2k: While you are correct about the expectation of privacy, that only covers the photographer's right to take the photograph (again, at least in the US). It does not give the photographer the right to use the photograph for commercial purposes such as advertisements.

heavyj: Most concert tickets have a model release printed on the back of the ticket. By using the ticket and entering the venue, you agree to the contract.

~Terry