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You And The Law Attorney Joel L. Hecker lectures and writes extensively on issues of concern to the photography industry. His office is located at Russo & Burke, 600 Third Ave, New York NY 10016. 1 212 557-9600. Privacy Law Note: Although our First Amendment to the Constitution includes Freedom of the Press as a provision to encourage the free flow of information, there are instances where a photographer can come up against existing privacy laws. In the next four issues, we'll cover some of those situations. Model Releases In New York Civil Rights Law (Sections 50-51), using a person's photograph for advertising or trade purposes without his or her prior written consent is an invasion of privacy. In matters of public interest, where the nature of the photograph is "newsworthy," the New York law allows usage without written consent, as long as the use is not advertising or trade. Editorial photographs used in magazines and books generally fall into this category. However, if the photograph creates a damaging implication or is inaccurate, the person photographed may contend that the use of the photograph created emotional or other distress such an action may be valid in some states. When in doubt, try to get a broad written consent from your models even though the pictures are intended for use only for editorial purposes. Dealing with publishers who have a track record in publishing also helps since they are less likely to make privacy law errors. The cover of a magazine or an advertisement for that magazine which includes a photo from the content of the magazine may in some instances be construed to be advertising and therefore requiring a consent from the person photographed. By the way, in most, but not all states only living individuals can make privacy violation claims. There is no universally accepted privacy law. Each state has its own variation. Many states look to New York State law since many media cases are resolved in New York.
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