Release Form in Africa

Discussion in 'Business of Photography' started by lesterphoto, Jun 13, 2011.

  1. Hello,
    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?
  2. 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?
    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?
  3. 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.
  4. "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.
  5. 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.

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