MY photo- rights?
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- Projectile
I have taken a picture of a girl at a festival. I was in the press pit at the time if that helps.. but don't have any way of contacting her to ask if I can use her photo.
But it isn't for a billboard or anything.. it's just for a ticket sleeve/flyer type thing. And I noticed that model released images are only an option in image libraries, so people must use non-released images all the time.
oh and one more thing.. I want to cut her out and superimpose her onto a different background.. but you'd still recognise her.
Any idea?
- Orbit0
As far as I know you have two options:
1. You include a disclaimer that says "all attempts to contact the people depicted in this picture have been made". This used to be standard procedure but these days I'm not if that legally stands any more.
2. You hybridise the face by altering features and including a different mouth, different eyes or something, so that it no longer accurately represents any given person. Sounds like a nightmare I know but with the right source imagery and better than average retouching skills its easily acheivable. You just have to make it different enough that the person can't claim to have had their face exploited for commercial gain.
- imadesigner0
You can use it under an editorial license. But as soon as you stick a product or something in there it's a creative license, which needs a model release form (and probably a location release form too).
- Projectile0
hmm the image will not have a logo anywhere on it. the inside of the thing is literally just an image. logos etc are on the outside. Does this make a difference?
- Dancer0
Which Festival?
- imadesigner0
But you're advertising something, so you should have a model release.
- Projectile0
Get loaded in the park. in london
- Do they have a forum? Just trying to find a way to find the girl...Dancer
- imadesigner0
This PDF from Getty clarifies what I mean. Read the second paragraph: