Releases for photographs

[Nicu Buculei]

Paul W. Frields wrote:
> However, as the photographers among you know, presenting people as
> subjects in photos can generate some legal issues.  Photographers
> often have models or subjects complete a release form for several
> reasons. One of the most prominent is to allow the photographer to use
> the photos as described without fear of legal repercussions from the
> subject. This release is not for the copyright in the photo, which
> belongs to the photographer, but for permission from the person shown
> in the photo to use an image of his or her face and body publicly.

Actually the one interested in release forms is the publisher/editor, from
the photographer's point of view, having the forms is just something amkig
him easier to sell the photos to the publisher, but in the end the legal
burden is on the publisher.

> This release, though, doesn't really work the same way as licensing of
> code and content.  Our participants willingly contribute code and
> other content under licenses that allow a wide variety of reuse and
> remixing.[1]  But people generally aren't as comfortable letting
> someone reuse their faces in a completely unexpected context, like
> selling cigarettes or in a photo manipulation contest.  And of course,
> Fedora contributors might use people as subjects in their photos who
> aren't contributors.  For these reasons, we can't simply include this
> kind of release into our new contributor agreement.

publishing photography is a bit different, since there are multiple
parties involved, the publisher has to secure rights from both the
photographer and the model. The photographer can license his work under a
Free license, but this is not enough for the publisher, he has to also
secure the model's permission.

> As a project, we'd very much like to continue having people
> participate through photography, for materials like our one-page
> release notes[2].  To do that, we probably need to have a general
> release form that covers photos of people to be published on the wiki,
> or reproduced in paper formats for release and publicity materials
> related to the Fedora Project.  Unlike the licenses we require for
> code, though, the release would only be for Fedora's use and no one
> else's.

Indeed, there are many places where we can use photos of peopel.

> Because we realize this practice departs from our normal principle of
> completely reusable and remixable content, our legal counsel and I
> want to discuss this with the community, and hear their thoughts and
> concerns regarding a release.  I had a few specific questions to start
> with:
>
> * Given the rights people generally have in the use of their faces and
>   bodies in published materials, is this an appropriate place for us
>   to make an exception to our principle of reusability and
>   remixability?

I expect we have people in the community happy to allow the usage uf their
image.

> * Are there ways you wouldn't be comfortable with the Fedora Project
>   using a photo of you?

Me? NOT.

> * Would you like to have the ability to grant this kind of release
>   within the Fedora Account System?

That would be easier than signing and faxing papers.

-- 
nicu :: http://nicubunu.ro :: http://nicubunu.blogspot.com