Digital Picture of Britain - Model Release

I caught a little of the BBC's Digital Picture of Britain programme last
night. It was a little odd - looking like an 'infomercial' for digital
cameras, but interesting enough. It did, however, raise a question with
me...

The chap who was taking shots with the consumer camera was travelling
around London taking candid shots around the market and into bus windows
etc. Now I can't believe that he then ran after the bus and asked each
person in the picture if he would be OK to publish the photo (ie. standard
model release stuff).

Does anyone have comments on this? I realise that a model release is
merely a polite formality and will avoid possible legal implications
should someone on the photo take exception to their identification. Do you
think he was out of order? Was this reasonable? Did he really chase the
bus?

Any views would be most appreciated - I avoid people completely at the
moment because I don't understand the intricacies of model releases, and
don't have the confidence to approach people right now. It's something I'd
be interested in getting into, however.

Thanks,

Stu

 

I've been thoroughly enjoying the series. Some bits are mere
entertainment, but other bits I find quite inspiring. The girl doing
photo montages to recreate old paintings, for example. I might get
around to trying that one day...

There you go, you've answered your own question.
I guess he'd made the same decision I would have, i.e. that nobody in
those photos would be likely to object or have grounds for legal
recourse as they were appearing in pretty innocuous circumstances and
not in any way that mis-represented them or showed them in a bad light.

I try to as well, but that's only because I'm an unsociable bugger.

Why?

 

Yes... I thought they were wonderful.

Ok. That seems reasonable. So we're saying that the risk of legal problems
diminishes proportionally to the level of controversy in the picture! If
you're going to take nudes, make sure they know it and sign something

Why don't I understand the intricacies? Mainly because of what I saw on
the programme!

Why don't I have the confidence? I don't feel like a 'real' photographer.
I know this is completely under my own control, however!

Why am I interested in getting into it? I like people. I can sit for hours
watching the world go by. I'd like to capture that.


Cheers,

Stu

 

Probably a good idea!
More to the point, make sure the dirty old man ogling them from the
background also signs a release form. He may not be nude, but your photo
may cast nasturtiums on his character in a way that he's going to object
to. Similarly, people sitting innocently on a bus are probably safe
enough, but if one was clearly staring down the blouse of the young lady
in front, you'd be unwise to publish the photo.
Just my opinion, I'm not a lawyer.

Yup. I was a little puzzled as it seemed to be at odds with the lack of
confidence you mention above.

 

I am not an expert on this but wrt model releases I am sure I read somewhere
at sometime that a model release is only really required if the subject
forms a substantial part of the image; faces on a bus probably don't fit
this category.

Exactly *when* the subject forms a substantial part of the image I don't
know and if the subject is in silhouette (and you can't see their face) I
don't know how the law would be applied. Certainly I don't think it's just a
*courtesy* and I *think* the photographer can find themselves with problems
if they don't get a release and the subject later objects.

Paul

--
Paul ============}
o o

// Live fast, die old //
PaulsPages and Gallery are at http://homepage.ntlworld.com/pcbradley/

 

Faces on a bus may well fit into the category.

It is OK to take pictures of anyone for your own personal use, as long
as you take them from a public right of way, and you don't need a
model release.

However, if you intend to sell or publish your work, a model release
is required.

 

(snip)

--------

GO HERE AND LEARN WHWEW YOU STAND;
PRINT A COPY AND CARRY IT WITH YOU:

UK PHOTOGRAPHERs RIGHTS
The guide was written by Linda Macpherson LL.B, Dip.L.P., LL.M, who is a
lecturer in law at Heriot Watt University, with particular experience in
Information Technology Law, Intellectual Property Law and Media Law.

download at: http://www.sirimo.co.uk/media/UKPhotographersRights.pdf

Journalist

 

(snip)

-----------

NOT in the UK it's not. Certainly not as street candids; certainly not as
published non-commercial (editorial) work; not as "art"; not to publish to
your website; not to print up as a book; not to display oin a gallery; not
to sell prints;...

NOT even, generally, for commercial use!

Journalist

 

So the BBC obtained a model release for all the pictures that it broadcast
over the weekend? ;-)

 

A model release is only required for commercial (i.e.. advertising) usage.
For personal (i.e.. your Web gallery) or editorial (i.e.. a newspaper) use
unreleased people shots are absolutely fine.

 

Perfect. Thanks!


Stu