Model release when subject can never be found?

[Tronhard]

There's a man really prepared to go right out there on the edge for what he believes in. Big risk taker.

Too much to resist...

In 1984 I was passing through the UK on the way to emigrate to Canada with my Canadian wife. We had to go through the last processes through the Canadian High Commission in London, and while we waited we managed to get a cheap time share in Malaga, Spain and were to fly out of Gatwick, but at this point we were in Manchester.

Now at the same time the Animal Liberation Front had threatened to spike Mars Bars with rat poison to make a point, and of course that impacted sales. So they were offering all sorts of deals to make people buy them...

Returning to our trip, we presented ourselves at the bus kiosk and asked to purchase the tickets. The ticket agent said, "Where are your Mars Bars?" As we were obviously totally confused by this the fellow sighed heavily and explained that if we each presented the MRP codes from 11 Mars Bars we could get the tickets at 60% off - a significant saving. He told us to go to the supermarket across the road and come back with the codes.

We went across the road and got to the checkout, presenting our 22 Mars Bars, at which point the checkout operator asked "Oh yes, going to London are you?" When we got back to the bus counter we offered the bars to the ticket clerk. He opened a large file drawer to reveal it full of Mars Bars. He said "I just want the bar codes, not the bars!" So armed with our tickets we headed off to Spain.

It turned out that Mars Bars were not available there and we managed to off-load our surplus to expats who were grateful, despite the threat of poisoning!

[Cantab]

All this talk of Mars Bars has made me hungry. I'm going to the store to buy one (but not 22!).

[Tronhard]

Not going to London then???

All this talk of Mars Bars has made me hungry. I'm going to the store to buy one (but not 22!).

[revi]

(...)

Regarding the recently and newly raised point concerning Laws in France . . .

if Susan's image were made in France and as I understand "Children Playing at the Beach" is the main theme of that image - then as I understand French Law and also considering a Release is absent, therefore a logical conclusion is that permission was neither sought nor granted: if such is so, then the act of Making the Photograph would be illegal.

WW

Could you point me to a reference for that (making the photograph being illegal)? All I could find concerned publishing images, and then it was mostly a matter of 'atteint à la vie privé' (invasion of privacy?), et 'droit à l'image' (a person has a protection against publication of his image, within limits). (or commercial use, but that also is publishing)

[William W]

Could you point me to a reference for that (making the photograph being illegal)? All I could find concerned publishing images, and then it was mostly a matter of 'atteint à la vie privé' (invasion of privacy?), et 'droit à l'image' (a person has a protection against publication of his image, within limits). (or commercial use, but that also is publishing)

Yes.

As far as I understand the law is indeed about invasion of privacy.

Recently (last ten years or so) passed and this new law enacted. Magistrates (not sure if that is the correct title for French Local Courts) have been loath to prosecute, but I think some have.

If I can find a judgement I will post a first reference.

The salient point being the law seems to interpret main feature of the photograph as the major factor – hence I stated that if “children play at the beach” was the purpose of the image, (as opposed to “a beach scenic shot, which happened to have some people in it”) then there would indeed be a prima facie case under French Law ‘invasion of privacy’ when the photograph was made, if it were made without permission of the Subjects (or in this case the Subject’s Parents or Guardians).

My primary source is French Street Photographers and Media: I visit often and usually stay in Paris, I have a collegiate there as my Doctorate was bestowed from the University of Paris.

As I understand very few if any cases have been brought, but that doesn’t deny the fact that the law exists and that French Jurisprudence has interpreted that law’s meaning.

WW

[JAndrews]

Maybe I should get a model release for both?



I believe I can track down at least one of them, not sure about the other ...

[Shadowman]

Maybe I should get a model release for both?



I believe I can track down at least one of them, not sure about the other ...

You could always place an ad in the local paper stating who you saw her with, at least you know she reads.