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Subject:
From:
David Haynes <[log in to unmask]>
Reply To:
Museum discussion list <[log in to unmask]>
Date:
Wed, 27 Aug 2003 09:22:00 -0500
Content-Type:
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On Sun, 24 Aug 2003 17:35:02 -0600 Tim Atherton <[log in to unmask]>
writes:

> It's a very complicated are - as an
> example - you don't need release for use if images of a person in a
> magazine - it's "editorial" use. But you DO need one if that image
> is on the cover of the same magazine, as it has been judged the cover
is used
> to advertise the magazine and so is "commercial" use. (and if you are
> in Quebec, you can't use anyone's image for anything - news or
> otherwise - without permission...!)

While I don't know anything about Canadian law (which, I assume, would
apply in Quebec) I find it very difficult to believe that a newspaper
would need a signed release from a person addressing a political rally
that was open to the public before it could publish a photograph
depicting that luminary speaking. In addition, I would find it very
strange if the law requires that the newspaper obtain a signed release
before publishing a photograph showing identifiable attendees at a public
political rally.
In any event, an excellent discussion of U.S. law relative to the
necessity for a model release can be found at

http://www.baja.com/sensuousline/sline0799/mag4-6model_releases.shtml

Thanks to Jim Moss for the URL that lead to this article. Happy trials.
David

David Haynes            [log in to unmask]            San Antonio


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