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Author Topic: Question about Magaizine Publication of a photograph  (Read 925 times)
AndrewKulin
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« on: January 18, 2013, 09:04:07 PM »
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I have been approached by a magazine which would like to use a photograph I have taken of a stairwell in the Louvre to accompany a piece they are doing on an individual who from what I gather crafted the ironwork seen in the stairwell (I received an e-mail from them last week, then a follow-up this week).  They indicated in the second e-mail they would pay for the use of the photo (that was not mentioned in the original e-mail). 

My question is am I putting myself at any risk agreeing to let them publish this?  As in violating any French laws, or Louvre copyrights or other restrictions?  (The museum web-site was useless in providing any answers about photography in their facility, other than a link to an agency they use regarding photos).  I sent an inquiry about this to the Louvre e-mail contact last week about this but heard nothing back.

Link to photo in question provided below.  Photo was taken in 2009 while on family vacation, and obviously there are no release forms.

http://andrewkulin.photoshelter.com/gallery-image/France-and-Belgium/G0000mNVtHL.IxP8/I0000VC2Dc4WGlnY

Any insight or advice would be appreciated.  If there is any reasonable potential for someone to hassle me over this (as in legal stuff) I would politely decline the opportunity.

Thanks,
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Mike Guilbault
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« Reply #1 on: January 18, 2013, 09:26:34 PM »
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Unfortunately, you're probably best to speak with a lawyer and probably one that's versed in international (France) law as well. 
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Mike Guilbault
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lowep
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« Reply #2 on: January 21, 2013, 06:29:42 AM »
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rather than worry about model releases why not just photoshop out the people then sell it
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shaun
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« Reply #3 on: January 21, 2013, 07:41:48 AM »
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Hi Andrew

Very tricky area, I shoot some stock and my libraries would insist on model releases in your instance as the people are clearly identifiable. The louvre would also have protection though for editorial use you may be ok. Still best to contact a lawyer for more information.

Shaun
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Ellis Vener
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« Reply #4 on: January 24, 2013, 08:13:42 PM »
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(Forewarning: I am not an attorney nor am I versed in French privacy laws.)
This sounds like it is editorial usage and therefore not considered commercial usage the same way an advertisement, business, product or service promoting website, or brochure are so I think you'll be fine. Great photo.
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Ellis Vener
http://www.ellisvener.com
Creating photographs for advertising, corporate and industrial clients since 1984.
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