Aloha Bert!

I have 2 versions of the same question for you. I am a Portrait artist, and want to use some of my portraits of clients to display in a mall to promote my studio. Am I at legal risk if I don't get a written release from my clients?

I have a portrait that I made of Dog the Bounty Hunter, (a local reality TV "star"...and I think actually on the mainland too...), and his crew. I want to use this portrait in my display also, but I can't get through to them on the phone, and I'm not getting a reply to my email. Can I go ahead and put it on display?

So, the question is: Do I need releases to display portraits for self promotion?

Aloha & Mahalo,
SPC II

Keep in mind that the purpose of the forum is not to provide legal advice about specific situations but rather to educate about general legal issues that affect photographers. Model releases are generally intended to ensure that a person who publishes photographs does not violate another person's right to publicity. This right covers the right of a person not to have their likeness used without permission for the purpose of endorsing or promoting a commercial product or service, or to be used as a commercial product. The doctrine varies among the states and it is often to discern the line between proper and violative use because the case law is not that well developed. Whenever there is a possibility that a use will be considered promotional, it is usually better to obtain permission of the subjects involved. Note that the inability to obtain permission or the lack of response to a request for permission cannot be construed as obtaining that permission.

Hi Stan,

Ditto - this is not to be taken as legal advice.

Although you can't display them in public places to promote your studio, as far as I know you can display them in your own studio. I know that's not the answer you are looking for.

There may be a few things that you can do to get some mileage from these photos. Are you trying to contact him personally or are you trying to go through his agent or publicist? You may not be getting a response because most celebrities have a publicist that has to approve all photos of a celebrity before they can be used by anyone for just about any reason that you can think of (with the possible exception of editorial use.) Even if he was your brother, he may have it in his contract that he can't let you use an image of him without being approved. So, If you feel that the use of this image would really benefit your business, you are going to have to prove that they too can benefit from the images use. Why not put a dollar amount on it's usage and try to contact his agent with an $$$$ offer? I think you are more likely to get a response if $$$ or something of value is involved. Also It is possible that you may be able to sell images to a monthly magazine for "editorial use" (usually no release is required) but definetly check with legal council before striking a deal. At least you may be able to make a few bucks and get some name recognition in the process.

Regards,

Dan

Mahalo Bert & Don for your input. So, that pretty much leaves me where I was..... Yeah, I know I can display in my studio whatever I want....But my question is regarding a public display in a mall etc.

Anyway, I guess I'll inquire with my lawyer.

Re: Duane "Dog" Chapman, I don't think they have a publicist....I'm pretty sure Beth runs the show, and the bail bonds.......

Aloha,
SPC II

You can just wait until the next time he get's thrown in Jail and catch him then Just kidding of course

Cris...

Ahhhh....so mainlanders DO get that cable channel!........
SPC II