Releases for photographs

[Paul W. Frields]

On Wed, May 12, 2010 at 08:44:21AM +0300, Nicu Buculei wrote:
> On 05/11/2010 11:31 PM, Paul W. Frields wrote:
> > On Thu, May 06, 2010 at 07:58:42PM -0400, Jon Stanley wrote:
> >> Really? When I did the usability testing with Mo at FUDCon Toronto, I
> >> had to sign a release for that which stated that the raw footage would
> >> be released as CC-BY-ND or something of that nature. I'd be much more
> >> comfortable with a non-free license such as that which still gives
> >> protection to the subject while still allowing use by others than
> >> simply Fedora.
> >
> > The problem with Creative Commons licenses is that they don't affect
> > your rights of publicity or privacy.  In fact, they specifically say
> > they *don't* cover those rights, and if I understand that correctly,
> > it means CC licenses can't be used to protect those rights.  (IANAL,
> > after all.)
> 
> You are right, but this is not because they are CC (free) licenses, is 
> because they are issued by the photographer, not by the model. Look at a 
> common release form to see what things are covered there... let me quote 
> from mine:
> 
> "use, re-use, publish, and republish photographic portraits or pictures 
> of me or in which I may be included intact or in part, composite or 
> distorted in character or form, or derivative works, without restriction 
> as to changes or transformations, in conjunction with my own or a 
> fictitious name, made through any and all media now or hereafter known 
> for illustration, art, promotion, advertising, trade, exhibition, or any 
> other lawful purposes, and I waive any right to inspect or approve the 
> photograph(s) or finished version(s) incorporating the photograph(s)"

That's correct AIUI -- the CC license addresses the copyright of the
photographer, not the publicity or privacy rights of the model.

-- 
Paul W. Frields                                http://paul.frields.org/
  gpg fingerprint: 3DA6 A0AC 6D58 FEC4 0233  5906 ACDB C937 BD11 3717
  http://redhat.com/   -  -  -  -   http://pfrields.fedorapeople.org/
          Where open source multiplies: http://opensource.com