Saved...by a model release

A good model release can spare you a lot of grief. Just ask Doug Menuez.

Way back in 1993, he shot a photograph of 7-year-old Dorsi Bonner dressed up as a clown for Family Fun Magazine. In 1996, Menuez turned the image over to RF distributor PhotoDisc, which is owned by Getty. In 2001, the photo ended up on the packaging of a Fuji disposable camera 2-pack. In 2004, Bonner showed up at a party where some friends had one of the Fuji 2-packs. "Isn't that you?!?" they asked.

Not knowing how her picture got there, Bonner sued for unauthorized commercial use of her likeness and invasion of privacy. Named as defendants were Fuji, Menuez, Getty, and the design firm that created the packaging.

But Menuez's model release saved everybody's bacon. Signed by Bonner's mother, the release said:

"For valuable consideration, I hereby irrevocably consent to and authorize the use and reproduction by you, or anyone authorized by you, of any and all photographs taken by Doug Menuez/Reportage negative or positive, for any purpose whatsoever, without compensation to me. All negatives and positives, together with the prints shall constitute your property, solely and completely."

Bonner argued that the release allowed only Family Fun Magazine to use her image "for any purpose whatsoever," but the court said no dice--"for any purpose whatsoever" covers all uses, including use on a Fuji box. Bonner also argued that the release was unenforceable because the language was too technical, but the court also rejected that, saying the language was perfectly clear.

The case, heard in US District Court for the Norther District of California, is Bonner v. Fuji Photo Film (No. C 06-04374 CRB)

Comments

[Eric]

Not only should Menuez have won; she, and her attorney should pay all legal fees involved in the case. Especially her attorney for not advising her to drop such an obviously loser of a case.

[John Williams]

Great news, now I want a copy of that model release.

[Walter Briggs]

How well I know of such a situation! There was a near-incident at a location I was shooting, and seconds after the mother signed the release..she(mother)said she's decide on how the photos were used..Of course, I stated she released the rights to ME as soon as the ink was set..Sometimes a good image may be almost lost on the spot, and be sure to 'always' have that release with you..

[David Forthoffer]

That release seems a little weak to me. Suppose Bonner's attorney had agreed that the Release had given rights to Doug Menuez and others he authorized (e.g., PhotoDisc), but challenged PhotoDisc extending those rights to Fuji. That sounds like a legitimate objection to me.

I think Dan Heller's variation of this Model Release is much stronger. See his book, "A Digital Photographer's Guide to Model Releases."

To John Williams: If someone had signed over photo rights to me then proceeded to tell me how the photo should be used, I would have chosen a less confrontational approach. I would have had a polite conversation with her, perhaps asking her how they might best be used, then walked away without committing to anything more than in the Model Release.