Fresh when it gets here from
Julie Barrett
Tuesday, September 25, 2007
...but shouldn't someone have checked for a model release?
Virgin sued for using teen's photo. That's Virgin as in the mobile phone company, not as in the Virgin Mary.
Check out the ad and the conversation surrounding the use of the photo over at Flickr.
I'm not a lawyer (and certainly don't know much about international law), but doesn't it seem at least prudent to get a model release, especially since the subject of the photo is a minor?
The picture was originally posted under a Creative Commons license that allows for commercial use. As I understand it, a model release is still required.
In the US we each have a certain amount of control over how our likeness is used. (A big exception is newspaper editorial use. If you're in a public place and end up in a picture used to illustrate a news story, then that's pretty much legal.) Others shouldn't be able to make money off of your face without your express permission. That's where a model release comes in.
Standard disclaimers apply. Always consult a lawyer, yadda, yadda. Apparently the family of this teenager has. I'm not sure that suing Creative Commons is the right move, especially if their license specifically spells out that a model release is required for commercial use. But that's for the courts to work out.
Now I must get back to pretending to work...
Tags: Legal, Photography