Release Needed If Model Deceased?

[Brian_DeWolf]

Competition requires a model release to be on file. What if the model is dead?

[Buddy_Stewart]

Brian,
A person with more legal background than I would need to answer that question. I don't know if rights to a person's image are passed on in wills, etc. or not. Maybe Carolyn Wright on the legal forum can give us an answer.
Buddy Stewart, PEC vice-chairman

[PhotogCraig]

I was going to say if the model was famous, then you might have a problem because that would pass down with the estate in most cases.

However did you have a release that she signed at the time it was taken?

For example on a contract, just a thought.

[Brian_DeWolf]

My subject was very elderly (98) and I did not ask him to sign a release. I'm on good terms with his children, who are benefiaries of his estate. Although this discussion/posting might benefit photographers in similar circumstances, I was more concerned addressing the box to be checked ("release on file") on the entry form.

[Buddy_Stewart]

Brian,
I would say that if you don't have a release then you wouldn't check the release on file box.
Buddy Stewart, PEC vice-chairman

[Brian_DeWolf]

Thanks, Buddy.

[KirkDarling]

This will vary by state privacy laws.

In Illinois, the deceased do not have the right to privacy or right to publicity that requires a model release. However, California, for example, does have a right to publicity law that includes the estate of the deceased (it's called the Astaire Act).

[Lois_Byrne]

This will vary by state privacy laws.

In Illinois, the deceased do not have the right to privacy or right to publicity that requires a model release. However, California, for example, does have a right to publicity law that includes the estate of the deceased (it's called the Astaire Act).

Kirk,

Curious, was it named after Fred Astaire? Thanks, Lois