Dear Dman,
The issue at the heart of it is whether the use of the image is
commercial or editorial in nature.
Photographers don't have to secure permission for news (editorial)
items, but for commercial ventures, they do. So the same footage as a
news item would not require model releases, but as a part of an
entertainment show, it would.
In the case of the reality shows, they were unable to secure a model's
release from the individuals involved. This may have been because the
people involved felt that the footage would damage them personally if
their identities were easily determined, or their identities couldn't
be determined to request the model's release. Using their likeness
without this release would leave the photographers, producers and
possibly other involved persons open to lawsuits for liable and
defamation.
"Privacy laws in many states explicitly prohibit photographers from
using the recognizable image of a person for trade or advertising
purposes without permission. Such uses include advertisements or
promotions, of course, as well as product packaging and products for
sale, such as calendars, posters or greeting cards." from:
http://www.pdnonline.com/businessresources/modelrelease.html
An interesting article covering this area as it affects journalists is
cached by Google here:
://www.google.com/search?q=cache:VqmPqlI1IpgC:www.ibiblio.org/nppa/sherer/npp4.html
An explanation of the model's release, and its implications for news,
is found here: http://www.pdnonline.com/businessresources/modelrelease.html
and it covers issues of privacy for some of the states in the US.
Other countries have similar laws.
SEARCH STRATEGY:
I'm familiar with the issues surrounding model releases, copyright and
photography from personal interest and hobby, and friends in the
industry, so I started with some base knowledge and searched for pages
that explain the reasoning.
SEARCH TERMS: copyright photograph model release law |
