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  #21  
Old 07-06-2005, 05:04 PM
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coach34 coach34 is offline
 
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Very sexy......

Great set of pics
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  #22  
Old 07-06-2005, 09:48 PM
flashphoto flashphoto is offline
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Default Without a Model Release, you could be in a lot of trouble

I live in Canada, but I doubt the laws are any different elsewhere. If the girl is recognizable and has not given written permission to use her image, you can be sued for anything from pictorial libel/slander to malicious intent.

The law states that if you took the pictures, YOU own the pictures, and she cannot demand they be given to her. However, SHE owns the image on the pictures, and if she has not given written permission for them to be used in the manner in which you are using them, you can be held liable. The fact that she allowed you to take and/or keep them only means that she allowed you to have them. It does not mean she has given you permission to distribute them in such a way that she can be embarassed. She is not a newsworthy person in her own right, and unless the images themselves are newsworthy because of their content, she has the right as a private person to keep her self-respect. I photograph many models doing lots of things they don't want their mothers etc. to find out about. While some of these have been taken in public, the girl knew at the time what she was doing, and that there was a limited number of people likely to notice. Posting them on a website means that they are in cyberspace forever, and as word spreads about them, family and friends will become aware of them and cause embarassment. (Having said that, I have complete signed and dated Model Releases on all my models and block out the faces simply because I have found that while the girls may be all in favour of the photos at the time they were shot, a year later they don't necessarily have the same opinion, and while I have the LEGAL right to publish their photos in any manner I wish, I prefer not to embarass them unnecessarily because they had a few hours of fun a few years ago).

Yes, you do see GGW etc sites that publish photos of girls who have not given their permission to do so. The argument they use in court is that the pictures are newsworthy. That is just the argument they're using against an ongoing lawsuit. It has not been found valid or invalid yet. I suspect they will lose simply because while the photos themselves may be interesting, they are not of and by themselves newsworthy. They are simply a commercial enterprise. I suspect they will lose their arguement.

My suggestion is that if you have any suspicion that the girl involved will be hurt or embarassed by the photos, you might be best to remove them to save her a lot of pain and to save you possible legal proceedings.
  #23  
Old 07-07-2005, 11:02 AM
mrbilljax mrbilljax is offline
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I think we should run this one by Judge Judy.

Nice pics by the way mtburdick!
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