model release for display? Or just to sell?

[Ryan L]

So I was at an Art event Saturday and there was a free concert going on in the park. So I took some photos and was wondering if I can display them on my website. I am trying to add a bunch of stuff and wanted to create an events folder. One of the singers was David Archaletto (spelling ?) and is obviously recognizable person. I wasnt planning on selling them. So displaying my work I assume is ok?

 

[o hey tyler]

Yeah, of course. David whatever the F his name is, is a celebrity. So as far as I know you don't need any kind of release.

But I suspect that if this is incorrect, Keith will interject with a legally themed post explaining what the restrictions might be. Since he knows quite a bit about all that jib jab.

 

[KmH]

So I was at an Art event Saturday and there was a free concert going on in the park. So I took some photos and was wondering if I can display them on my website. I am trying to add a bunch of stuff and wanted to create an events folder. One of the singers was David Archaletto (spelling ?) and is obviously recognizable person. I wasnt planning on selling them. So displaying my work I assume is ok?

As far as the photos of David Archuleta (?), what are the 'right of publicity' laws like in MI? http://en.wikipedia.org/wiki/David_Archuleta_(singer)

As long as your web site is strictly for personal use, you should be good to go putting your photos online.

 

[Taylor510ce]

You can display them without any problem. TMZ does it all day long. If you insinuate anything about them or if they can be associated with a product or advertisement on this website, that would be a problem. You could also sell them to newspapers or magazines ( most anyway ) if its for editorial use.

 

[MohaimenK]

How to Sell Celebrity Photos | eHow.com

 

[Ryan L]

So I was at an Art event Saturday and there was a free concert going on in the park. So I took some photos and was wondering if I can display them on my website. I am trying to add a bunch of stuff and wanted to create an events folder. One of the singers was David Archaletto (spelling ?) and is obviously recognizable person. I wasnt planning on selling them. So displaying my work I assume is ok?

As far as the photos of David Archuleta (?), what are the 'right of publicity' laws like in MI? http://en.wikipedia.org/wiki/David_Archuleta_(singer)

As long as your web site is strictly for personal use, you should be good to go putting your photos online.

Well what if the web site isn't for personal use, but I am advertising my work. I do have the ability to sell through the web site, but the pictures of David weren't ones that I was going to. Just display as examples of work.

 

[Big Mike]

Paparazzi sell their photos all the time...it's what they do. So I don't see how it should be any different for you.

As far as I understand it, you personally don't need a model release at all. But if, for example, you sold the photo to a advertising agency and they used the image...they (or the magazine etc.) would be the ones who needed the model release. So working back from that, if you did want to sell the images for that purpose, you would be best served to get the model release.

But in your case, I'd think that you don't have anything to worry about.

Of course, it would be best to contact a lawyer, in your area, and ask them.

 

[KmH]

So I was at an Art event Saturday and there was a free concert going on in the park. So I took some photos and was wondering if I can display them on my website. I am trying to add a bunch of stuff and wanted to create an events folder. One of the singers was David Archaletto (spelling ?) and is obviously recognizable person. I wasnt planning on selling them. So displaying my work I assume is ok?

As far as the photos of David Archuleta (?), what are the 'right of publicity' laws like in MI? http://en.wikipedia.org/wiki/David_Archuleta_(singer)

As long as your web site is strictly for personal use, you should be good to go putting your photos online.

Well what if the web site isn't for personal use, but I am advertising my work. I do have the ability to sell through the web site, but the pictures of David weren't ones that I was going to. Just display as examples of work.

That's why you need to find out what MI 'right of publicity' laws are.

Self-promotion and self-publishing are not considered a commercial use, unless people in the photos can be perceived as endorsing or sponsoring your business, because then it's commercial (model releases needed). If the photos were made under controlled conditions (or in private), use for self-promotion or self-publishing would be commercial (model releases needed).

Selling prints of your photos is considered editorial usage and you need no permission from people in the images, however there is a line where volume becomes considered 'distribution' and it becomes commercial.

The laws that cover this, are state laws, and there are 50 somewhat different versions, plus these laws are not as cut-and-dried as say traffic laws are and there is a lot of room for interpretation by the courts.

If you are using your web site for self-promotion and image sales, you really need to have a consultation with an attorney who knows the ins-and-outs of MI intellectual property and publishing law.

 

[Ryan L]

Well I checked into it and Michigan doesn't actually have any right of publicity laws, so I am just going to assume I am ok to use these on my website for self promotion. Interesting article I found for anyone who wants to check it out.

http://www.michbar.org/journal/pdf/pdf4article1209.pdf

 

[KmH]

...so I am just going to assume I am ok to use these on my website for self promotion....

Classic. Good Luck. :thumbup:

 

[Ryan L]

I looked at the laws...wait there aren't any in Michigan. With that said, when they do have the need for any right of publicity statutes, it says they look to other states for case examples. The examples listed were mostly for endorsements and I am since I don't play to put a caption that says "Use Ryan Lindsey to capture your special event....He did it for me!" I am sure it's ok. You told me to look it up and I did. He wouldnt sue me anyways. He doesn't want my assets anyways, I buried them all in the back yard when I got divorced.

 

[MCPorche]

Are there any states that actually prohibit you from selling photos you took in a public place?

 

[KmH]

Right of publicity...Is just a possible part of model release law.

Consult with a qualified attorney.