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Subject rights

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Old 02-23-2011, 10:09 PM
froman4 froman4 is offline
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Join Date: Feb 2011
Posts: 1
Subject rights

I have an unusual question of this group. It comes from a subject.

Recently I was photographed at a tango festival where everyone was social dancing. It was a private event and we all paid to attend. The photos were candids.

The photographer has compiled them and made them available for purchase. It is a niche market, and to be honest, no one is really going to purchase photos of anyone but themselves. However, any of them could buy photos of me. I, and many other dancers there are well known professionals, and are interested in maintaining our image. We understand people will film us when we are performing, but then we expect that, and are dancing at our best. When social dancing, we may be dancing with someone uncomfortable, and may not look great. Something feels really uncomfortable about that being available on the web for anyone to see, AND for the photographer, who didnt ask my permission, to profit from it.

Am I just overreacting? Do I need to get over it? Do I have rights here? Is there a difference between what is legally right and what is the right thing to do?

Thanks for your insights. Im really trying to get my arms around this and do what's right.
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Old 02-23-2011, 10:40 PM
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mistermonday mistermonday is offline
Join Date: Dec 2005
Posts: 3,028
Re: Subject rights

I believe the photographer still requires a model release form in order to post, distribute, or sell you likeness. The question is: did you wave your rights explicitly by signing a document, or implicitly in fine print on the reverse side of your ticket or receipt of payment to the event, or some equivalent declarion by the venue where the event took place?
Regards, Murray
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Old 02-24-2011, 12:07 PM
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RooB RooB is offline
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Join Date: Sep 2005
Location: Newfoundland, Canada
Posts: 157
Re: Subject rights

Generally speaking, at events, there's no reasonable expectation of privacy, and that's what a legal decision would fall back on. Was the photographer there to profit off you, or the event? As long as he had permission to be there with his camera by the organizers-- notices, waivers, and model releases aren't really required.

If you're really concerned, just write the photographer and ask him to remove your images-- unless the photographer is a profound jerk, he likely wouldn't keep your photos up if you politely ask them to be removed.

That is how the paparazzi and photo journalists covering news, sports and other events make a living, by selling you (and other people) to others, often without your consent. Again, it all falls back on reasonable expectations of privacy.

Model releases are a nice safety net, but at any kind of public event (even if you're paying to attend), it is not a requirement. They exist to resolve potential contract disputes and distribution agreements-- when you're participating in an event, you've pretty much waived your right not to be photographed.
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Old 02-24-2011, 12:55 PM
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4personnen 4personnen is offline
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Join Date: Jun 2010
Location: Lancing, UK
Posts: 350
Re: Subject rights

Depends the country where it took place. What is right in the US is not likely to be right, in France for example...
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Old 02-25-2011, 06:23 AM
jesterjeni jesterjeni is offline
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Join Date: May 2010
Location: indiana
Posts: 185
Re: Subject rights

contact the photographer and tell them that you are uncomfortable with this, that to your knowledge you have never signed a release to be photographed and sold to the general public...a person will never know what kind of result they can get from talking to the photographer, but it is worth a shot!
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