-I'm confused by events between virgin mobile and creative commons. Am i able to license a picture with a person in it, with any type of Creative Commons license (without a model release) ? Do i need to have a model release for each person ? how do a i create a model release ? How can the user of a CC licensed picture be sure that the picture has one ?
CC Forum » General CC questions and answers [English]
model release flickr virgin mobile
(3 posts)-
Posted 1 year ago #
-
CC licenses don't effect publicity rights at all -- so if you'd need a model release to use a photo, you need a model release to use a CC licensed photo. For help on that, talk to a lawyer (I am not one) or read up on model releases generally -- there's one guide at http://www.danheller.com/model-release-primer.html (not being a lawyer I have no idea of how good it is). The same author has a series of somewhat critical but informative posts about CC on his site.
Posted 1 year ago # -
The CC core licenses does not effect publicity rights.
The proposed CCzero license includes an explicit waiver of all publicity rights that the affirmer holds: http://labs.creativecommons.org/licenses/zero/1.0/legalcode .
However, this waiver is worthless. If you are to use a picture with a person in it that is available under CCzero, you have no way of knowing if the waiver applies to that person, as the waiver is made contingent of the affirmer having those rights in the first place. As a publisher, it is your duty to clear publicity rights before using photo. I would strongly advice any publisher against believing that the waiver in CCzero has any legal meaning whatsoever.
Posted 1 year ago #
Reply
You must log in to post.
