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Genuine question: If the subjects of these photos have no legal recourse, what is the point of Model Release forms?
by drcongo 14y ago
Genuine question: If the subjects of these photos have no legal recourse, what is the point of Model Release forms?
- tptacek 14y agoA couple issues among many: * The operators of the site ostensibly don't publish the images (though they may be); the users of the site do. * The site itself isn't ostensibly "commercial"; you also don't need a model release to post an image of your friends to Facebook. * The remedies for unauthorized use of a model's likeness are all civil and involve suing and coming up with a number for damages, which is an extremely arduous process.
- drcongo 14y agoPerfect answer, thanks.
- Evbn 14y agoThe non-commercial flag will come down quickly when the takedown hammer is shown to be a not-separate entity.
- illuminate 14y ago"* The site itself isn't ostensibly "commercial"" How is that even the case? If the site turns a profit for anyone (or if run as a non-profit that allows the owner to collect a salary), it should be considered "commercial".
- SolarNet 14y agoBecause the current legal environment the site's legal status is ambiguous. (And hence could be (and likely is in this case) illegal) Model release forms (if those are what they sound like) unambiguously state that what is going on is agreed upon and the company has the right to post the picture for their own profit. (And hence is unambiguously legal)