(I'm not a copyright lawyer, either) That's just the minimum requirement, if the person is recognisable in the photograph. If, as in this case, the person is the subject of the photograph, rather than just some incidental element, then stricter rules apply. It's a stretch to claim this is editorial use, unless the subject is specifically doing something likely to attract attention.
On Mon, Apr 03, 2006 at 12:22:18PM -0700, Godfrey DiGiorgi wrote: > I am not a copyright lawyer. > > This position was stated at a recent exhibition sponsored by the Bay > Area Press Photographers Association... one of their more successful > local photographers who has sold such work broadly to both national > and international magazine publications for editorial use gave this > guideline for when releases are necessary in his experience: > > 'Photos of people taken in public places where the "expectation of > privacy" is not assumed do not require releases if used for editorial > publication. There's a lot of qualitative assessment in that > statement, but unless the photo is being printed as advertising for > some brand name product or event, it would be considered an editorial > photograph just like a print I sell out of my gallery listing. I > don't have releases for such work, and the act of obtaining releases > would likely make it impossible for the work to be done in the first > place. > > Work that is to be used in promoting events and/or products, where > the significance of the person in the photo is linked to the value/ > use of the advertisement and desirability to a purchaser of the > promoted item, always requires a release.' > > If the T-shirt is not being used as an advertisement for some product > or event, I think it would fall under the notion of editorial use and > therefore not require a release unless it were a photo made under > private or exceptional circumstances that assume an expectation of > privacy. > > Godfrey > > > On Apr 3, 2006, at 11:41 AM, Cotty wrote: > > > >Without a doubt, unless you have a signed model release form of the > >subject, you are infringing personal liberties by 'publishing' the pic > >in this way - especially making financial gain from it. > > > >That said, it was 5 years ago and the chances of the subject coming > >across the one T-shirt are remote, so why not. If she sees it, your > >friend can claim ignorance and say he picked it up at a flea > >market :-) > >Publish and be damned!
