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Do My Homework [Deals with Law/Ethics]

An-DAn-D EnthusiastAshevilleRegistered User regular
edited November 2008 in Help / Advice Forum
Not really do my homework, but I would like a second opinion. The question is as followed:

"The newspaper’s advertising department used models for a series of photographs with
appliances a few years ago. Some of the photos were later used in ads. Each of the
models signed a standard release form giving the newspaper the right to use the photos in
the furniture ads.

In looking over the pictures recently, Dianne Herschel, an account executive, found
one of an extremely obese person. She wants to use the picture in an ad from the Davis
Dieting Center. Her ad manager says this is all right because the paper always has
models sign release forms."


The way I understand it, if a release form is signed, than the newspaper would own the photographs and can use them for whatever they may desire without notifying the models (provided its not for anything illegal). Is this correct? I want to say this is fine, but I have the feeling that my teacher is trying to trick me somehow.

An-D on

Posts

  • kaliyamakaliyama Left to find less-moderated fora Registered User regular
    edited November 2008
    Your teacher probably isn't trying to trick you, but get you to notice and discuss the issues here. Rather than jump to an ethical conclusion, talk about both sides of an issue and what someone who disagrees with the the ad people might say.

    kaliyama on
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  • An-DAn-D Enthusiast AshevilleRegistered User regular
    edited November 2008
    kaliyama wrote: »
    Your teacher probably isn't trying to trick you, but get you to notice and discuss the issues here. Rather than jump to an ethical conclusion, talk about both sides of an issue and what someone who disagrees with the the ad people might say.

    Not to revert back to my high school days, but this teacher is a bitter, condescending woman who hates debate and who has decided that the best way to teach is through bullying. It is because of the four of her classes or so that I have considered changing my minor just so I wouldn't have to put up with her. She's just awful. An awful human being.

    This question was more along the lines of 'does this violate the privacy of the model(s).' By signing the release form, they passed up any power they had over the use of the photographs within the agency.

    That's my thought on it, anyway.

    An-D on
  • Dark MoonDark Moon Registered User regular
    edited November 2008
    No, you're not correct. Properly written model releases will indicate with very specific language precisely what the allowed usages of the photos will be, and the models will have been paid accordingly. In this case, the release specified the intended use as "in the furniture ads." As such, any use outside of the furniture ads would have to be cleared with the models (and likely result in additional payment to them and the photographer) if the newspaper wished to avoid litigation.

    If the release hadn't specified "in the furniture ads," one could make the argument that the models possibly signed a model release designed for stock photographs, in which case they would get paid a flat fee and the photographer would be free to do what they want with the shots.

    Dark Moon on
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  • garroad_rangarroad_ran Registered User regular
    edited November 2008
    Dark Moon wrote: »
    No, you're not correct. Properly written model releases will indicate with very specific language precisely what the allowed usages of the photos will be, and the models will have been paid accordingly. In this case, the release specified the intended use as "in the furniture ads." As such, any use outside of the furniture ads would have to be cleared with the models (and likely result in additional payment to them and the photographer) if the newspaper wished to avoid litigation.

    If the release hadn't specified "in the furniture ads," one could make the argument that the models possibly signed a model release designed for stock photographs, in which case they would get paid a flat fee and the photographer would be free to do what they want with the shots.

    It works much the same way for music licenses, so I'd be willing to bet this is right on the money.

    garroad_ran on
  • DocDoc Registered User, ClubPA regular
    edited November 2008
    It's not even a question.

    Doc on
  • Gopherboy128Gopherboy128 Registered User regular
    edited November 2008
    An-D wrote: »

    "Each of the
    models signed a standard release form giving the newspaper the right to use the photos in
    the furniture ads.

    So to me that answers itself. It states clearly what they signed releases for. Unless you dig way deeper and find some legal loophole or some shit, but to me its pretty clear on the surface that the models didn't sign releases for the photos to be used for anything, it says it was for the furniture ads.

    Gopherboy128 on
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