Those of you who attended our recent seminar at PhotoShop World in Las Vegas on Model Releases may recall our example of using a person in an ad or article dealing with AIDS who did not provide written consent for such use. Notwithstanding that we have had similar cases, there were more than a few groans of disbelief that any photographer/ad agency/stock agency (Getty)/client or PR firm could be so dumb as to allow such a catastrophe. We attempted to assure the group that these things happen – often.
Well the failings of the human mind never cease to surprise us. So guess what happened within just a few weeks of our sermon? See this story in the NY Daily News (and Google to find a ton more on this). Surprise!
Ed’s wife wants to know how come he isn’t representing the model. Ed is still on a ledge.
The more bizarre the circumstances the more likely they are to occur. Get written, signed releases all of the time. And for sensitive issues, like STDs, nudes, pharmaceuticals, and so on, get sensitive releases that specify the use. Otherwise be prepared for a surprise.