Jump to content


Photo
- - - - -

Photo of me on Getty images


  • Please log in to reply
6 replies to this topic

#1 Alex_Tattersall

Alex_Tattersall

    Great Hammerhead

  • Industry
  • PipPipPipPip
  • 890 posts
  • Gender:Male
  • Location:UK

Posted 11 November 2012 - 12:20 AM

Hi gang

I've just found a couple of images of me on Getty stock which were taken by an Indian journalist in new Delhi for a promotional article about my university. I didn't sign a model release form and am a bit disconcerted to see them as stock. Any advice guys?

http://cache3.asset-...heXVGWhUwRWpA==
www.flickr.com/photos/alextattersall

www.nauticamuk.com
www.uwvisions.com
Exclusive official importer of Nauticam products into the UK and Ireland

#2 decosnapper

decosnapper

    Manta Ray

  • Member
  • PipPipPip
  • 427 posts

Posted 11 November 2012 - 12:43 AM

I'm no lawyer...but...

Making the images available for licensing is not where I think the 'problem' lies...the 'problem' (in quotes because I am not convinced there is one...based on what I know so far...please read on...) will be the context of publication and the responsibility will lie with the publisher, not the photographer.

Two questions spring to mind:-
Are there any terms of restricted use stated on the Getty site? (the images might be restricted to editorial - ie "Alex Tattersall in India to promote university" is editorial use. Its a statement of fact)
Does your likeness/image have any proven value?

The latter point is not tongue-in-cheek. Eddie Irvine secured £25k damages for his likeness being used in an avert without permission:-

http://www.brandrepu...lkSPORT-appeal/

Original damages were £2k...but as Eddie stated that he "Wouldn't get out of bed for less than £25k" higher damages were awarded on appeal.

So the question is thus; Do you have a proven track record, such as paid invoices, showing how much you can license your likeness for advertisements for?

If yes, and its big enough to justify speaking to a lawyer then...find a lawyer.

If not, then I would forget about it.

But this post does highlight the value of obtaining signed model releases...even more so if there is any hint of images being used for commercial purposes other than editorial.
Simon Brown

www.simonbrownimages.com

#3 Alex_Tattersall

Alex_Tattersall

    Great Hammerhead

  • Industry
  • PipPipPipPip
  • 890 posts
  • Gender:Male
  • Location:UK

Posted 11 November 2012 - 01:00 AM

I wouldn't get out of bed for less than a cup of tea.

Thanks Simon
www.flickr.com/photos/alextattersall

www.nauticamuk.com
www.uwvisions.com
Exclusive official importer of Nauticam products into the UK and Ireland

#4 Alex_Mustard

Alex_Mustard

    The Doctor

  • Super Mod
  • 8384 posts
  • Gender:Male
  • Location:Peterborough

Posted 11 November 2012 - 01:51 AM

Yeah, it would all come down to usage. If they are used in Editorial and you were in a public place - there is little you can do. It is why celebrities don't have to sign a model release for the gossip magazines to print their pictures!

You're best chance for a big payout is to search the images on line with image search software - and hope they get used for something commercial and not editorial!

Alex

Alexander Mustard - www.amustard.com - www.magic-filters.com
Nikon D4 (Subal housing). Nikon D7100 (Subal housing). Olympus EPL-5 (Nauticam housing).


#5 PeteAtkinson

PeteAtkinson

    Wolf Eel

  • Member
  • PipPip
  • 140 posts
  • Gender:Male
  • Location:Phuket, Thailand

Posted 11 November 2012 - 06:19 AM

Getty are very particular about releases; I doubt they would license this for anything other than editorial use, for which a release is not required. They like releases even for blurred and incomplete people, if they intend to license the picture for commercial use. If you need the money, you might try suing the photographer for making you look so old; you looked a lot younger in person, or maybe it was that bar we went to in Phuket that made a difference...

#6 Alex_Tattersall

Alex_Tattersall

    Great Hammerhead

  • Industry
  • PipPipPipPip
  • 890 posts
  • Gender:Male
  • Location:UK

Posted 11 November 2012 - 09:15 AM

Yes, I never recovered Pete
www.flickr.com/photos/alextattersall

www.nauticamuk.com
www.uwvisions.com
Exclusive official importer of Nauticam products into the UK and Ireland

#7 SimonSpear

SimonSpear

    Orca

  • Member
  • PipPipPipPipPip
  • 1390 posts
  • Gender:Male
  • Location:London, UK

Posted 12 November 2012 - 06:52 AM

I sell a lot of footage through Getty and I agree that they are meticulous with their model releases. If your image/likeness is clearly identifiable then the only way a model release is not required is when used for 'editorial' purposes. However that doesn't necessarily mean that they have not been provided with a bogus model release so I'd definitely follow it up!

Cheers, Simon