[Gimp-developer] wgo, model releases, and cc licensing



All,

I had an interesting discussion today in IRC I'm summarizing here in order
to clarify some sticky points.

I had recently pushed a new tutorial that included an image I took of a
friend.  Michael had concerns about the use of this image and the cc-by-sa
license I was applying to the entire work.  Mainly, did I have a model
release for the woman in the photograph (I thought I did, but didn't
apparently).

Due to the possible commercial use of cc-by-sa licensed works, there was a
possible problem with using that image.  To be on the safe side, I replaced
it with one of myself, but it did raise some interesting questions.

1. Are we to eschew images with recognizable people in them if we are
lacking a model release in-hand (regardless of the licensing status from
the rightsholder)?

I have a query out to the cc mailing list to see if I can clarify how they
view this, but haven't heard a good answer back yet.

I posit that the responsibility of obtaining/keeping a model release for
images that have been licensed cc-by/sa/nd is entirely the original
rightsholders.  I *think* the premise of cc-licensing is that any required
rights have previously been cleared/acquired by the rightsholder, but am
not 100% sure.

Does anyone know offhand how wikipedia handles this?  Many of their works
are also cc-by-sa, and thus could possibly be used in commercial purposes.
 Do they assume any images uploaded have been rights cleared for the
individuals in those images?

What about images licensed PD?  Are end-users cleared of liability on the
assumption that the rightsholder had already cleared legal rights for using
the subjects likeness?

2. If we do require ourselves to have model releases on-hand to be included
on wgo, what would be the best way to disseminate those (and to whom)?
 Keep in mind that often releases contain sensitive personal information
about both the model and photographer.

Just looking for a consensus on how best to proceed to avoid any problems.

-- 
pat david
http://blog.patdavid.net


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