Waivers / Model releases editorial uses in Canada (not in Quebec)

[epp_b]

<p>A magazine is wanting to publish a photo of mine in an article. It is a photo of children participating in a public outdoor event (which is one of the subjects of the article).</p>

<p>Neither I nor the magazine editor are quite sure whether a waiver / model release is required to be signed by the childrens' parents.</p>

<p>I was under the assumption that waivers are not required for editorial uses and/or for people participating in a public or newsworthy event, but I'm unsure of what Canadian law says in this regard. Can anyone confirm or deny this? I'd had a difficult time finding any hard information telling me one way or the other.</p>

[alec_myers]

<p>Either way, it would be the magazine, as the publisher, that's responsible for any consequences. If they're asking you for legal advice then they're very foolish. If they're asking you for a signed release from the subject (because they seem to think they need one, for their intended use) then you either have one or you don't. <br>

They need to satisfy themselves as to the law, and your opinion, whether you get it from photo.net or not, doesn't carry any weight.</p>

[epp_b]

<blockquote>

<p>Either way, it would be the magazine, as the publisher, that's responsible for any consequences.</p>

</blockquote>

<p>I agree. Without waivers, either they will not publish it at all or they will hold me responsible for any problems that arise. Unfortunately, I am not the only one who has a dog in this fight: the subject of this article would like to see the picture published; if there's no picture, the publisher will just omit them from the article and replace them with someone else.</p>

<blockquote>

<p>If they're asking you for legal advice then they're very foolish.</p>

</blockquote>

<p>They're still in the process of finding out whether or not it's necessary (as am I), they weren't asking me for legal advice.</p>

<blockquote>

<p>They need to satisfy themselves as to the law, and your opinion, whether you get it from photo.net or not, doesn't carry any weight.</p>

</blockquote>

<p>I understand that. That's why I'm asking for some leads to some solid information (ie.: specific texts of law on government websites, a lawyer's website, etc.).</p>

[alec_myers]

<p>This might help then:</p>

<p><a href="http://ambientlight.ca/laws.php">http://ambientlight.ca/laws.php</a></p>

 

<blockquote>

<p>or they will hold me responsible for any problems that arise.</p>

</blockquote>

<p>I'm sure you realise this, but they can't hold you responsible for any problems unless you indemnify them (or tell them wrong information about whether they need a release, maybe) which I'm sure you won't be doing!</p>

[john_h.1]

<p><em>Neither I nor the magazine editor are quite sure whether a waiver / model release is required</em></p>

<p>Maybe its better to work with a magazine business that knows how to run a magazine business.</p>

<p> </p>