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  1. #1
    sparx's Avatar
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    It's been awhile..

    .. but i've had a few things going on in my life so the cameras have been carefully packed away and quietly forgotten about.
    Several omens over the last week or so have brought me out of this lull, the latest of which has left me with several questions. I turn to my fellow APUGers, beg their forgiveness for my anti-social behaviour since the new year and ask for their advice.

    I have been approached by a Pub interior design company who have asked if they can use one of my images in a new project. The image is of Paul Weller and can be found here. As a newbie to this my questions are:

    1) I don't have a model release from Mr Weller. I don't think this is an issue as i'm sure paparazzi don't get releases from most of their victims, erhm subjects.
    Are there any other potential problems with selling an image of a celebrity?

    2) The company don't want a signed print, they are looking to produce a large canvas picture themselves using the image so are after the rights to use. What are the legal implications of a) them using image again elsewhere without my permission and b) my continued use of the image for my own promotion.

    3) The cruncher. How much should they expect to pay me for this priviledge?

    I really would like to do this job as I hope it may lead to other work and the thought of one of my pictures on public display is a real boost for the ego. I don't want to get stitched up or open myself up to legal challenges though and am just a total amateur in this game. Help would be most appreciated.
    [size=1]the all new darkplanet photoblog[/size][size=1]
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  2. #2
    BWGirl's Avatar
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    Welcome back, Sparx!

    You know, it's funny you should ask this... I have been exploring this sort of thing as well. I realise that the laws may be far different in the UK than here in the states, but here's a quote from the book "Business and Legal Forms for Photographers" by Tad Crawford:
    "The right of publicity is the right which a celebrity creates in his or her name, image and voice. To use the celebrity's image for commercial gain voilates this right of publicity."

    I'm sure that there is someone here from the UK that can tell you if this is the way things are for your 'neck of the woods'.

    In the meantime, welcome back!
    Jeanette
    .................................................. ................
    Isaiah 25:1

  3. #3

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    I'm with Jeanette on this one. It is not like Mr. Weller is one person in a huge crowd. it is plainly just him in the midst of doing his job. A bystander may assume the subject of the photo endorses the project of the company. Which may not be the case.

    Welcome back
    Technological society has succeeded in multiplying the opportunities for pleasure, but it has great difficulty in generating joy. Pope Paul VI

    So, I think the "greats" were true to their visions, once their visions no longer sucked. Ralph Barker 12/2004

  4. #4
    rbarker's Avatar
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    You should probably speak to a barrister about it, but absent a model release, I'd think you'd have problems. Paparazzi get away with what they do under the guise of the usage being "editorial". In your case, it's unclear what rights you might have with the image beyond personal use.

    The fact that this company is looking for a "right to use" rather than buying individual prints for placement in specific pubs also bothers me a bit. It sounds like they are looking for a cheap way to get effective control of the image - essentially an assignment of the copyright. Not a good deal for you, I'd think, unless they're thinking in terms of a rather large sum (even assuming you could sell whatever usage rights you might have).
    [COLOR=SlateGray]"You can't depend on your eyes if your imagination is out of focus." -Mark Twain[/COLOR]

    Ralph Barker
    Rio Rancho, NM

  5. #5
    sparx's Avatar
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    Thanks for those points. I've emailed the company involved and asked them to clarify their needs for this picture. I've also pointed out I don't have a model release and wasn't an official photographer at the gig and now I await their reply.
    I did also mention that i'm quite happy for them to use aany pictures that aren't of famous people. We shall see what happens.
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