Monday, July 19, 2010

Consent

"By submitting a photo to the contest, the Contestant affirms that he or she has obtained written consent from all individuals whose image or likeness appears in the photo and further affirms that he or she is prepared to provide reliable documentation to that effect upon request (or from the individuals’ parent/legal guardian if any such individuals are considered a minor in their country of residence). The Contestant further affirms that he or she has obtained the necessary rights, licenses, consents and permissions to use all material in the photo."

This has stopped me from entering so many contests. These are requirements to enter certain photo contests, but you look at some of the entries and I will put money down that the majority of the people in the photographs signed no kind of consent forms given by the photographers. I can bet many did not even hand out a consent form.

Maybe they did?

I don't have any written consent forms from the people of I have photographed. What do you do, enter the contest anyway? If you're in a public place at a public event don't you have to right to make and use your photographs without any kind of written consent from the person being photographed?

In newspapers we don't ask for people to sign something before we publish the photograph. Is verbal agreement of giving out your first and last name and city considered a kind of consent? I mean if someone asks not to be photographed or for their name not to be published I respect that 99.99 percent of the time. For instance, a child going through a parents divorce, undercover police, witness protection, certain children in school, calling in sick from work and he or she is hanging out at the park, whatever. If someone asks not to be photographed just because they don't like their hair or something, it ticks me off, but I still respect it. What would happen if you published a photograph of the person anyway? Is it considered libel?

But this is different. What I get from this is you need actual signed documentation from say that street vendor in New Orleans that you made picture of during Mardi Gras.

My favorite is "from all individuals", so if you're at some kind of protest or major event.... well you get the idea.

I'm so confused.

1 comment:

Paul Colletti said...

"...has obtained written consent from all individuals whose image or likeness appears in the photo..."

So, if you get a photo of someone dressed as Elvis, you need Elvis to sign a consent form because it is his likeness?