Re: Photos needed!
From: Philip Dowds (rphilipdowdsme.com)
Date: Sun, 17 Feb 2019 06:45:02 -0800 (PST)
We’re now entering the land of Deep Fuzzy.  What you’re asking about is a 
“model release” or “photo release” (you can search those terms on the Web), and 
it’s really complicated:

  •  Only recognizable likenesses are protected by personal and privacy rights. 
 But what’s recognizable?  A person shot from behind?  A person shown in 
silhouette?  If the face or body is blurry due to the speed of an action shot, 
is it recognizable?  An arm is probably not recognizable, but what about an arm 
with a distinctive tattoo?  Recognizable by whom?
  •  If both photographer and subject are in public space, releases are not 
normally required.  But when either photographer or subject is on or in private 
property, things can be different.
  •  Releases are not normally required for a photo taken and displayed for 
personal satisfaction.  But if a photo is being used commercially, a release is 
probably required (if the photo contains recognizable likeness and involves 
private property).  But … what’s commercial?  Advertising a product or service 
is surely commercial.  But how about exhibiting in a gallery photo contest?  Or 
illustrating a point during a lecture?
  •  Finally, the details of the rules can vary from State to State.  And the 
rules for minors tend to differ from the rules for adults.  Is the website 
photo that’s legal to show and view in Montana also legal to show and view in 
New York?

I am neither a professional photographer nor an attorney, and so I am 
completely unqualified to offer advice to anyone about this.  The formal 
official answer I see most is, It’s always safer to obtain a release.  But if 
you asked me to make a guess, I would guess that very, very few of the photos 
currently shown on either the Coho/US or community websites are backed up by 
written releases.

Philip Dowds
Cornerstone Village Cohousing
Cambridge, MA

mobile: 617.460.4549
email:   rpdowds [at] comcast.net

> On Feb 17, 2019, at 7:56 AM, Dick Margulis <dick [at] dmargulis.com> wrote:
> 
> On 2/17/2019 7:46 AM, Fred H Olson wrote:
> 
>> My impression is that images on cohousing websites tend to be
>> of spaces in cohousing without people present. Since cohousing
>> is ultimately about people using those spaces, I urge taking
>> pictures with people.
> 
> Does anyone have a simple blanket release form that you use so that you can 
> include people in group photos and candid photos without have to keep going 
> back to them for permission and without having to worry about whether they 
> are still part of the community? Ideally this would be something that could 
> be used in a routine way, sort of like the pro forma confidentiality form you 
> sign when you go to a doctor's office the first time.
> 
> 
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