dragoncon_lj_archive | If any of you had pictures taken by some guy for "women of dragoncon"

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lasarigue.livejournal.com posting in

Ladies,if you were at dragoncon and some guy asked to take a picture for "women of dragoncon" you might want to see if you're on his site (http://smigrod.smugmug.com/Events/10...9_DUwSm#P-1-25) and give him an earfull--he's making a profit off your image without having you sign a model release.

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From:

spiritchaser1.livejournal.com

You are correct,

newki.

(http://www.flickr.com/photos/jillymcjillerson/3915204981/)

From:

ninepointfivemm.livejournal.com

Dragoncon and its designees, which means people officially affiliated with Dragoncon. He also took a photo of a person who was not, in any capacity, a person at the con.

From:

feuervogel

Notice that line there where it says "Dragon*Con and its designees"? (ii, about 2/3 down the block of text) That means this language ONLY applies to official staff photographers, and this guy is NOT official staff. Therefore his activity is NOT expressly disclaimed by the language on the back of the badge and is not permitted under the same waiver as the official D*C photo staff putting your likeness on the official con website.

IANAL, but I've dealt with legalese in pharmacy law in 2 different states.

From:

spiritchaser1.livejournal.com

Gotcha. Since I .am. on Con staff, I only know the rules as they apply to me. I wasn't sure of the rules as they apply to outsiders, and I don't have any legal training so I wasn't sure how to interpret it exactly.
Thanks.

From:

newki.livejournal.com

Yep..I agree. I was only remembering the statement from the first half of the badge.

From:

feuervogel

That makes sense. How the rules apply to me and how the rules apply to other people are sometimes not the same category :) I'm guessing that little bit of legalese applies to things like the Masquerade DVD, or the rotating "at the con" pictures on the website or in ads or the progress report, and wouldn't include J Random Asshole taking pictures and selling them on his website without explicit model releases. (Heck, I had to sign a waiver for Jennie Breeden because I was in the background of a kilt-blowing picture she might have put in the kilt calendar. She ultimately didn't, but I still had to sign it.)

And reading further on, it looks like there are underage folks whose photos are for sale, which is even sketchier legally.

From:

dwivian

Reading this late, but....

Newki *IS* correct. This is the form of a general release, with a specific full release at the bottom. The first part informs you that you are able to be recorded, and those recordings published, by ANY media entity [consents to recording, publishing, and rebroadcasting]. You specifically release D*C from liability in using their recordings in any media outlet they wish in exchange for the membership. Different sentences make those different releases with different power [the compensated release helps D*C should you complain later about not getting anything in exchange].

I've had to put this elsewhere (I'm starting to become an expert on model releases because I've had to look it up so much) because people get caught up in the "they are making money" part of it. Releases have nothing to do with money, and everything to do witih implied association. If I get your permission for a picture and then show you as the featured model of a new brand of White Power convention, you might not be happy. If I had a general release, though, I'd be safe from lawsuit. Long term models restrict their release to specific products or venues just to gain that much control over their image. They still get paid, but it tilts the balance of power back in their favor.

A bit of fun -- if you REMOVE the badge prior to the photograph, you have removed the license and it can no longer be documented that you had the release, or that the picture was associated with the convention. This is avoided by parks and events who gain a general release while you are on their property, but D*C can't own the public or private spaces it uses. Thus, by having a picture made without the license or proof thereof, you could have recourse to take action later. Simply being in the Hyatt in a costume is not sufficient indication that you are necessarily part of the convention.