MCHUGH Loc: Jacksonville, Texas

There have been many postings lately of photographs taken back in the film days by many of the hoggers on this section. Is there any possible legal actions that a photo of a model that could occur if you did not have a model release. I have some photos I took in 1970 of a young lady but have no idea where she would be or if she would even object to these being posted. I certainly would not want to post a photo without permission from the lady and face possible legal repercussions.

Jaackil Loc: Massachusetts

Ok first this applies to the USof A only I understand this is an international forum but I am only talking about the United States and it’s laws. So what “legal repercussions”? First let it be known anyone can be sued for anything in this country the question is can they win. So I am not saying you can not be sued but will you be held liable either criminally or civilly? First did the model know she was being photographed? Did she do it willingly? Was she in an altered state of mind?(drunk or under the influence of a drug that would alter her ability to make a decision). Does the model had a signed contract that explicitly states the photos will never be shown publicly? Are the photos used for any comercial purpose(to advertise or promote)? Are you using the images to puposely harm the person like for revenge? Was the person of legal age when you took the photos? If none of those factors exsists there is no problem what so ever. You are posting “art”. The US courts have over and over sided with the artist. The term art is used very loosely in some of the photos posted but it is still considered art. You as the artist have the right to post your art and even be compensated if you sell it. People need to stop over thinking this one. If the model did not want the pictures ever shown she should have either kept her clothes on or had a NDA (non-disclosure agreement) signed. How many celebrities have posed nude before they became famous only to have these photos surface later and have no recourse? How many artists have painted nudes and sold them with no model release going back centuries?
Before the Philadelphia lawyers jump in this is the Law of the United States and it is NOT superseded by any local law or statutes.
I appoligize if this reply seems snarky that is not the intended tone. It is a good and valid question. Which I am attempting to answer fully. But it is a question which comes up a lot and there is always someone who jumps in with the “Yeah but....” scenario. The short answer is you can post the Law is in your side however remember you can be sued by anyone for anything you can not prevent that but the law is on your side.

MCHUGH Loc: Jacksonville, Texas

Thanks for your prompt answer. She did know, she was not under any influence. There was no paperwork of any kind signed by either of us and we became friends (just friends) after the photos and actually took two different at different times sets of photos. I did this while I was in the Air Force station in Cal. and got out shortly after wards. She even wrote me after discharge and ask for some copies which I mail to her. I have not seen or had any other contact with her in almost 50 years.

JohnFrim Loc: Somewhere in the Great White North.

I suppose you could put black rectangles over the eyes... NOT!!

Stephan G

Black Rectangles, like the lights on the Eiffel Tower, are copyrighted somewhere.



(<light bulb is not on the Eiffel Tower!)

Stardust Loc: Central Illinois

This is not always followed - have seen many shots posted taken with telephoto lens of unaware participates - but you should at least be aware of the administrator's rule for this forum, although your situation may be "implied consent" per your explanation.

"Any images you upload must be of consenting adults, and you must have permission to distribute this content."