After some study we've determined that the original Release rules for the Book Project are too strict. Some legal web sites were studied, and the book "Photographer’s Legal Guide" by Carolyn E. Wright, Esq. was purchased and studied. For some of the key resources used please see below.
Two key quotes from "Photographer's Legal Guide" are:
The POTN Book falls into this editorial category.
Of course it's not as simple as that, as a few rules concerning privacy rights still apply.
In short, in the United States the privacy rights state that:
1. One can not intrude upon another's solitude
2. One can not publicly disclose private facts
3. One can not portray another in a false light
4. One can not use another name or likeness to obtain some benefit.
The first three are easy to understand and should be clear in a photograph. Since the book is not making a profit for anyone affiliated with POTN no photographer will receive any benefit from publishing a photo in this book.
Some countries - notably France - have even more strict privacy rights. A photo taken of someone in France - even in a public place - can not be published since this is considered an invasion of privacy.
The new rules for submissions follow:
1. It is up to the photographer to ensure that none of the 4 privacy rights have been violated concerning the submitted photo. If the Panel Members or Book Committee have any doubts the submission will be rejected unless a model release is available.
2. Photographs of people taken in the country of France, and other countries with strict privacy rights, can not be submitted to the Book Project without a model release.
3. If the photographer already has a model release then the publication of the photo in the POTN Book must be allowed by the release.
4. If you have a photograph taken at an event (concert, auto race) that allows photography only for personal use, or otherwise prohibits photo publication, then you can not submit an image from that event.
5. If a work of art (including paintings and sculptures) is depicted in the photograph, it is up to the photographer to ensure the copyright of that work, in the country that photograph was taken, is not infringed by publication, or to provide a property release. Note that some countries restrict reproduction even of publicly displayed art.
6. Model and/or Property Releases may still be required if any Panel Members or Book Committee members have any doubts about a photo. If a release can not be provided the photo will be rejected. This decision will be final.
References:
"Photographer’s Legal Guide" by Carolyn E. Wright, Esq.
This book is about $20 for softcover or $10 for an ebook version. It is an excellent reference for professional photographers and others interested in photographers rights.
http://www.photoattorney.com/
Wikipedia - Privacy Rights
http://en.wikipedia.org/wiki/Invasion_of_privacy
Information on two cases involving publication of people's images:
Nussenzweig v. DiCorcia
http://en.wikipedia.org/wiki/Nussenzweig_v._DiCorcia
Same case, with additional info on "Arrington vs New York Times"
http://www.nytimes.com …88&partner=rssnyt&emc=rss
