Actor Cleo Berry responds and he is chosen. He signs a model release stipulating that the image may be digitally altered, and resold by the photographer as stock photos. A common model release used for any stock agency. Cleo agrees, signs the contract, and takes the money
The photographer then places that stock photo up on ImageSource. A stock image agency.
The New York City Department of Health then bought that image and the rights to digitally alter it. They took off Cleo's leg, added crutches, and turned it into an add for diabetes. The add you see posted here.
Now here is where I start to have issues. I am totally fine with everything that has happened in the story so far, but it is the paid actor's response that I have an issue with. He is quoted "shocked" at the removal of his leg and the depiction that he is a victim of diabetes.
"I cried at my computer screen for, like, a minute." Cleo reports to Yahoo news. "I said: 'Oh my gosh, they even gave me crutches. Come on, people."
Berry agrees that he signed a waiver allowing for all of this, but that he did not envision this possibility.
So my problem is not with the photographer, the stock agency, or the NYC Department of Health. It is for the paid actor who read something similar to the following, signed the contract, and is now upset.
a) The unrestricted right and permission to copyright and use, re-use, sell, and re-sale publish, and republish photographic portraits or pictures of me in which I may be included intact or in part, composite or distorted in character or form, without restriction as to changes or transformations in conjunction with my own or a fictitious name, or reproduction hereof in color or otherwise, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, profit, or any other purpose whatsoever; and, I hereby release, discharge and agree to save harmless [enter photographer's name and agency here], his/her heirs, legal representatives or assigns, and all persons functioning under his/her permission or authority, or those for whom he/she is functioning, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy, or monetary gain to (Insert photographers name and agency here).
I read that and it seems pretty clear that ANYTHING AT ALL could be done to that photo. But Mr. Berry thinks this could damage his acting career.
He is even offering revenge on a professional level. He will lower his rates to "Sing and dance" for any soda company that would like to use him in an ad as well. He says, "...and I won't charge them and arm and a leg."
