Release Needed If Model Deceased?
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  1. #1

    Default Release Needed If Model Deceased?

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

  2. Default

    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

  3. #3

    Default

    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.
    Craig Willes

  4. #4

    Default

    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.

  5. Default

    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

  6. #6

    Default

    Thanks, Buddy.

  7. #7
    Join Date
    Aug 2005
    Location
    Normal, Illinois
    Posts
    7,783

    Default

    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).
    --Elephants can swim...
    ...and very gracefully.
    Knowing that,
    I do believe
    Anything is possible for me.

    Kirk Darling, CPP

  8. #8
    Join Date
    Aug 2005
    Location
    Northern Virginia
    Posts
    453

    Default

    Quote Originally Posted by 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).
    Kirk,

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

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