The Court Of Public Opinion

A class action is a civil lawsuit filed by multiple people who experienced the same injury from the same product, a single trial to hear all claims. The difference between their cases as individuals is only the extent to which each was injured. For instance, one anti-inflammatory medication user who developed SJS may have the associated rash while another may have lung damage and blindness as well. Often when a party was injured by a product but they do not have a strong enough case to file an individual lawsuit against the company, they can band together with others who suffered injury from the same product to make their case stronger by numbers.

Another benefit of class action lawsuits is pursuing a suit for only small losses. For example, $100 spent on a product that doesnt work or spent to correct problems the product causes is a mall amount of money and does not justify the expense and time of filing a lawsuit. However, many people who have all lost $100 can band together and file a class action suit, splitting amongst them the cost of lawyer fees and filing the suit, and can hope for a settlement to be reached. If not for class action suits, that $100 lost, small in the courts eyes but substantial to the individual, could never be recovered and the company responsible for the faulty product would never have to reform. Class action lawsuits are most often for defective products, asbestos, prescription drug side effects or tobacco. If your case involves people across state borders then you may file a Federal class action. These suits are much more complicated and require a good, experienced lawyer.

Class action lawsuits have many benefits. They are more efficient, presenting witnesses and exhibits and facts of the case all at once rather than holding up the courts with trying them separately. They spread the burden of cost between all the different plaintiffs who, on their own, might not have been able to file suits. Furthermore, if recoveries are small (although no less significant to the individual) it is not cost beneficial to file a suit independently because of fees. They ensure that all plaintiffs get their portion of the settlement; here, the plaintiffs who first complained are not given extra money.

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Depending on the circumstance, a model or property release may not be legally necessary. But getting one never hurts and it may help. It may make some people think that they can’t sue you (they can, even if their cause of action is bogus). If they do sue you, having a release may shorten the litigation and it could help you win. Even when you win, though, your defense fees can be costly.

In those situations when a release is not required, other legal issues may be presented when photographing a person, an animal or other property. These include trespassing, trademark, false light or invasion of privacy. All of this can get confusing. That’s also why it’s dangerous to take anecdotal advice.

For example, if one person has a fashion shoot in a national park and needs a permit, it does not mean that all professional photographers who shoot in a national park need a permit. While some stock agencies may require a property release for an animal photo, it does not mean that it’s legally required. It means that they are being cautious in this litigious society.

I recently photographed some huskies at a public park. I wasnt trespassing on public property, the dogs are not trademarked and I did not misrepresent them (also known as false light) in my photos. Further, since animals don’t have privacy rights like humans do, I did not need to get a model or property release from their owner. But I got one anyway. I asked the owner in writing for permission to use the photos. I did that that only to keep the owner from getting upset and to avoid any hassle with a stock or advertising agency.

What is often practical is not always legally required. To figure out the differences and to make the best decisions about what to do, talk to an attorney to discuss your particular situations.

Take my advice; get professional help.

PhotoAttorney

Copyright 2005 Carolyn E. Wright All Rights Reserved

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In general, if property is visible and can be photographed from a public place, you dont need a property release to use the image in any manner. This exclusion to copyright law includes buildings located on the property, but not statues or other items that may have separate copyrights. There also are restrictions on some governmental property for security purposes, such as federal seals and insignia, and military or nuclear installations. But if the statue or copyrighted item has minimal presence in your image, your photo still may fall under the exclusion. Otherwise, you must get permission to use the image for commercial purposes.

Nevertheless, some companies have tried to prevent the use both commercially and editorially of photographs of their buildings or objects via trademark protection or contract law. Examples include the Rock and Roll Hall of Fame, the lone Cypress tree at Pebble Beach, CA, and the Hollywood sign. While these attempts have been unsuccessful, they can be expensive to litigate. Is it worth it to you to spend thousands of dollars to test this issue? Thats a choice youll have to make.

If you want to avoid this battle, though, check the list of properties and objects collected by the Picture Archive Council of America that have been reported by its members to be allegedly protected. http://www.stockindustry.org/resources/specialreleases.html

On the other hand, photographers should protect their rights, too. Dont be intimidated from photographing what is within your legal rights. Check with an attorney to fully understand and exercise your privileges.

Take my advice; get professional help.

PhotoAttorney

Copyright 2005 Carolyn E. Wright All Rights Reserved

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In general, you may photograph people when they are in public. The use of those photographs, however, can be restricted due to certain privacy rights. Privacy rights are recognized in most states, but are different for each one. Since its tricky to know what you can do, the safest approach to follow is the most restrictive one.

One right of privacy also known as the right of publicity is the commercial appropriation of someones name or likeness. It happens when the name or likeness of someone is used without consent to gain some commercial benefit, such as when a photograph of a person is used in an advertisement without the persons permission. That is why model releases are so important. It is evidence that you have the persons permission to use his image for certain purposes.

So what do you do when you travel to foreign countries to photograph the people there? Do you need a model release? What if the people dont speak English?

Nevada Wier has published thousands of travel photographs from all over the world. Her advice in her book, Adventure Travel Photography, is:

If you plan to use your photographs for publication or stock, I think it is wise to have signed model releases from any people you photograph in a foreign city, no matter what their nationality or what the shooting situation is. (Even though lawsuits aren’t currently common in the rest of the world, this might change.) Translate your release forms into the language of the country you’ll be traveling and photographing in. In more remote regions it is a bit trickier to get signed model releases, and not always appropriate. People may be suspicious, confused or frightened if they’re asked to sign a piece of paper. Use your common sense.

I couldnt have said it better.

Take my advice; get professional help.

Photo Attorney

Copyright 2005 Carolyn E. Wright All Rights Reserved

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Mesothelioma is a rare form of cancer that affects the sac lining the chest (the pleura), the lining around the heart (the pericardium), or the lining of the abdominal cavity (the peritoneum). Studies have shown that people, who suffer from the disease mesothelioma, were exposed to an abundance of asbestos at one time or another in their life. Unfortunately, many people become exposed to asbestos unknowingly, usually as part of a job. Because of this, someone who has mesothelioma is often entitled to compensation. There are many mesothelioma lawyers, but the following easy tips can make it easier to find a mesothelioma lawyer.

1. Research all you can concerning mesothelioma. The more you understand the disease affecting you or a loved one, the better you will be able to judge a lawyers expertise. A lawyer who understands many aspects about the disease is the ideal lawyer. If your lawyer understands your or your loved ones symptoms, and complications stemming from the disease, he or she will be better able to defend you. Unfortunately, some lawyers do not do their homework in regards to medical cases. This often leads to losing cases. A reputable lawyer will certainly know the ins and outs of the disease, so be sure to ask as many questions as you can think of.

2. Use phone books and Internet search engines to find lawyers. This may seem simple, but some people dont bother taking the time to look through many lawyers. Accepting the first lawyer that calls, or that one sees on TV is not a good idea. Searching in Google for the keyword mesothelioma lawyer will yield better results in the end than simply accepting whatever lawyer comes along. Giving yourself a variety of lawyers to consider will give you the best idea of who will be willing to work hardest for you, who is sincere, and who will most likely help you win your claim.

3. Read the fine print, and know your lawyers case history. Once you are nearing your decision and narrowing down potential candidates, take your research to a new level. It is always a good idea to find out about a lawyers case history. Additionally, it is advisable to know exactly what kind of deal the lawyer is seeking with you. Lawyers dealing with medical-related lawsuits usually do not get paid unless they win the settlement. Some lawyers request different percentages. Compare these requests and choose the lawyer that you would feel most comfortable with.

Unfortunately, some lawyers might try to take advantage of an unknowing client. In order to protect your interests, and make sure you acquire the top-notch lawyer you deserve, do background research on lawyers before signing up.

4. Finally, dont be afraid to take advice. If a friend, or colleague suggests a lawyer, dont hesitate to check it out. If a friend refers you, he or she obviously has your best interests at heart, and so the lawyer is probably well qualified to take on your case. There are many groups out there for mesothelioma patients. If you or a loved one is in one of these groups, dont hesitate to ask for advice from others who have mesothelioma. Advice is often taken for granted, but it is one of the most valuable things a friend can give.

Mesothelioma is an awful disease, but there is compensation. This compensation can either be sought in a wrongful death suit, or while the patient is still living. It is advisable to find a lawyer as quickly as possible because there is often a statute of limitations on filing a lawsuit. The basic idea when searching for a mesothelioma lawyer is to be as educated as possible. Know what you want, and find a lawyer that is willing to help you in any way possible. Being well informed about your disease and potential lawyers will put you on the path to compensation.

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