TonyBot

While this is a specific-to-me scenario, it may possibly occur in other situations.

My wife had been going to the same hairdresser for 20 years, and they had become close acquaintances. I sent a photo of my recently-passed wife to the hairdresser, really just a quick snap, as she came to meet me for lunch after one of their sessions together. Very little post, with the most being sliding texture aways to the left to decrease wrinkles. Attached is the highly cropped photo that I sent to her. (original was a head-to-toe landscape)

Now, the hairdresser has asked if she might possibly use the photo in her 'brochure'. I am willing to give her limited and non-exclusive usage (for a little barter).

But, here is the question: What if someone asks for a release?

As I said, it was a quick snap - a grab shot, one of perhaps hundreds I had taken of my wife - and I never thought of using it for any commercial purpose, always thinking 'If I ever need a release, all I have to do is ask'. I *am* her executor and as such can *I* give a release?

Has anyone had a similar situation?

Or are we now skirting in territory where an IP lawyer should get involved?

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Longshadow Loc: Audubon, PA, United States

Possibly?
From what I have been able to ascertain, state laws may be different.
Need to check your state laws.
https://carterlawaz.com/what-if-model-dies-without-signing-a-model-release/

cjc2 Loc: Hellertown PA

A question for your Lawyer.

TonyBot

Thanks Bill, Chris -

Looks like I'm going to have another question for my favorite legal-eagle.
Although it looks like I will have not have any problems, I just want to be sure.

Tony

Orphoto Loc: Oregon

Seems like a very low risk proposal. If your wife were alive and someone used her image without permission she would be the only person who could pursue the claim. Now that she is gone, any potential claim she might have had is controlled by the executor/personal representative of her estate. If that is you, barter and sign away.