DIY Photography

Your one stop shop for everything photo-video

  • News
  • Inspiration
  • Reviews
  • Tutorials
  • DIY
  • Gear
Search

Submit A Story

Arkansas Wants Every Person in Your Photos To Sign a Model Release. EVERY. SINGLE. PERSON.

Mar 29, 2015 by Liron Samuels 39 Comments

  • Share
  • Tweet
  • Flipboard
  • WhatsApp

Every. Single. One.

Every. Single. One.

The next case in a seemingly never ending list of bills aimed at limiting photographers’ rights is SB-79 which was passed by the Arkansas Senate on Tuesday.

The bill aims to “Enact the Personal Rights Protection Act: and to Protect the Property Rights of an Individual to the Use of the Individual’s Name, Voice, Signature, and Likeness”, and according to the American Society of Media Photographers it “expands the individual’s Right of Publicity to an unprecedented extreme”.

The bill would require explicit written consent for photographers or videographers to include an individual’s likeness in a photograph that is used for practically any purpose within the state of Arkansas. Several Fair Use exemptions have been made, but they’re far from being ideal.

“SB-79 places an unprecedented burden on all photographers whose work could be viewed within the state of Arkansas to either get explicit consent from every individual whose likeness appears in all of their photographs or risk defending themselves in a lawsuit where they will have to shoulder the burden of proving the use of their photographs qualifies as an exempted use”, stated the ASMP, adding that the bill’s implications are “staggering”.

It also explained that a photo posted online for a use that would not require written consent anywhere else in the world could lead to the photographer being sued, if people can be recognized in the photo and it can be viewed in Arkansas.

That’s right (and absolutely insane); the bill doesn’t refer only to photos taken in Arkansas. If you post photos online and the website can be viewed in Arkansas, you could be sued!

The ASMP has joined the Movie Picture Association of America and the Digital Media Licensing Association to fight this bill and convince Governor Hutchinson to use his veto power. The three organizations hope to get the bill changed so that a better compromise between an individual’s rights, the needs of creators and the public’s best interests can be achieved.

In its FAQ section, the ASMP explains why this bill is so problematic:

“If you look at Section 4-75-1003, Definitions, on page 2 of the Bill, you’ll see that SB-79 defines “Commercial use” to mean:

“the use of an individual’s name, voice, signature, photograph, or likeness for:
(i) Advertising;
(ii) Fundraising; or
(iii) Obtaining money, goods, or services.”

Under this overly broad definition, the simple act of charging someone to license a photograph would qualify as “Obtaining money, goods, or services” so virtually every use of a licensed image becomes defined as a commercial use unless it qualifies under the limited list of exemptions in Section 4-75-1010, Fair use — Commercial sponsorship (on page 7 of the Bill).”

This law is worse than the Right of Publicity Laws found in other states, as the ASMP details, since “SB-79 goes much further than most Right of Publicity statutes, which only impose liability for unlicensed use of a name or likeness for advertising purposes, merchandising uses or false implied endorsements. Under SB-79, virtually any license for which money changes hands would be deemed a commercial use unless specifically exempted within the Fair Use section”. Sadly photographs are not exempt.

Visit the ASMP website for instructions regarding how you should contact the governor’s office, if you’d like to help battle this bill. Remember, if it passes, the bill will affect any photographer whose photos can be viewed in the state of Arkansas.

This comes just as the crazy bill in Texas proposing a ban on photographing police within 25-feet of them seems to be doomed.

Update: Governor Hutchinson vetoed the bill!

[via ASMP Advocacy Alert: Arkansas Senate Bill 79 via Reddit | Lead Image: Thomas Hawk]

FIND THIS INTERESTING? SHARE IT WITH YOUR FRIENDS!

  • Share
  • Tweet
  • Flipboard
  • WhatsApp

Related posts:

Ditch Paper: Create and Sign Model Release Forms with Snapwire’s Free Mobile App Arkansas Governor Vetoes Bill Threatening to Criminalize Photographers Worldwide Japan researchers warn: Flashing “Peace” Sign in Photos May Lead to Identity Theft The person in IKEA’s latest ad is a hyper-realistic CGI model

Filed Under: news Tagged With: Arkansas, ASMP, DMLA, legal, MPAA, street photography

Liron Samuels: from diyphotography.net

About Liron Samuels

Liron Samuels is a wildlife and commercial photographer based in Israel.

When he isn't waking up at 4am to take photos of nature, he stays awake until 4am taking photos of the night skies or time lapses.

You can see more of his work on his website or follow him on Facebook.

« ‘Police Buffer Zone’ Bill Attacked By Law Enforcement Groups and Legal Experts
AP Photographer’s Afghan Killer Sentenced To 20 Years in Prison »

Submit A Story

Get our FREE Lighting Book

DIYP lighting book cover

* download requires newsletter signup
DIYPhotography

Recent Comments

Free Resources

Advanced lighting book

Recent Posts

  • Here’s a bullet time video booth you can build yourself
  • Ricoh has discontinued the HD PENTAX-DA 21mm F3.2AL Limited silver lens
  • This “stellar flower” unravels the twilight’s evolution in 360 degrees
  • Strobes vs Continuous LEDs – Which is right for you?
  • Wave goodbye to Apple’s My Photo Stream next month

Udi Tirosh: from diyphotography.netUdi Tirosh is an entrepreneur, photography inventor, journalist, educator, and writer based in Israel. With over 25 years of experience in the photo-video industry, Udi has built and sold several photography-related brands. Udi has a double degree in mass media communications and computer science.

Alex Baker: from diyphotography.netAlex Baker is a portrait and lifestyle driven photographer based in Valencia, Spain. She works on a range of projects from commercial to fine art and has had work featured in publications such as The Daily Mail, Conde Nast Traveller and El Mundo, and has exhibited work across Europe

David Williams: from diyphotography.netDave Williams is an accomplished travel photographer, writer, and best-selling author from the UK. He is also a photography educator and published Aurora expert. Dave has traveled extensively in recent years, capturing stunning images from around the world in a modified van. His work has been featured in various publications and he has worked with notable brands such as Skoda, EE, Boeing, Huawei, Microsoft, BMW, Conde Nast, Electronic Arts, Discovery, BBC, The Guardian, ESPN, NBC, and many others.

John Aldred: from diyphotography.netJohn Aldred is a photographer with over 20 years of experience in the portrait and commercial worlds. He is based in Scotland and has been an early adopter - and occasional beta tester - of almost every digital imaging technology in that time. As well as his creative visual work, John uses 3D printing, electronics and programming to create his own photography and filmmaking tools and consults for a number of brands across the industry.

Dunja Djudjic: from diyphotography.netDunja Djudjic is a multi-talented artist based in Novi Sad, Serbia. With 15 years of experience as a photographer, she specializes in capturing the beauty of nature, travel, and fine art. In addition to her photography, Dunja also expresses her creativity through writing, embroidery, and jewelry making.

Copyright © DIYPhotography 2006 - 2023 | About | Contact | Advertise | Write for DIYP | Full Disclosure | Privacy Policy