lesterphoto Posted June 13, 2011 Share Posted June 13, 2011 <p>Hello,<br> I am heading to Ethiopia in a few days to take photos of a Medical Mission trip and was wondering about getting release forms of the patients being treated at the clinic. Say I want to use the images beyond my website (perhaps in a magazine article), what is law in this matter? Does HIPPA apply here?<br> Thanks,<br />Lester</p> Link to comment Share on other sites More sharing options...
craig_gillette Posted June 15, 2011 Share Posted June 15, 2011 <p>HIPPA applies in the US. Flying off into never-never land of legal speculatory excess, does your website use promote your business and infringe on the subjects medical privacy and "right of publicity?" Is the magazine article an infringement of their medical privacy or more your exercising "free expression?" Will the release stand up in court? Is it complaint with US and Ethiopian law? Can a potentially illiterate subject sign a release in a foreign language and will the agreement/contract not be inherently abusive and one sided?</p> <p>It seems likely that there is limited chance of getting into trouble for your website uses or a magazine. What position does your sponsor take?</p> Link to comment Share on other sites More sharing options...
Charles_Webster Posted June 18, 2011 Share Posted June 18, 2011 <p>Not to mention that publishing photos in a magazine article or book is considered "editorial" usage, for which no release is necessary even the US.</p> <p><Chas></p> Link to comment Share on other sites More sharing options...
craig_gillette Posted June 19, 2011 Share Posted June 19, 2011 <p>"Editorial" doesn't trump "privacy." If it did, the whole concept of HIPPA or other privacy would collapse "because I published your private information in a magazine." There is subject matter for which a reasonable and legal expectation of privacy exists - and if published without permission, one could expect legal repercussions.</p> Link to comment Share on other sites More sharing options...
mark_lewis2 Posted July 4, 2011 Share Posted July 4, 2011 <p>I have a release form translated into the local language wherever I go. It prevents a lot of "I wonder if I need a release" thoughts after the fact when every single person I photograph has signed a release.</p> Link to comment Share on other sites More sharing options...
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