Question

Topic: Social Media

Posting Photos Without Official Permission

Posted by Anonymous on 125 Points
Our non-profit photographs many events. What is the best practice for not only posting pictures (posed and candid)of children and adults on FB and our website, but also using those photos in direct marketing pieces?
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RESPONSES

  • Posted by SteveByrneMarketing on Accepted
    Any photos you use for commercial gain should have photo release forms filled out and signed. The forms should provide appropriate restrictions on how the photos will be used. Just google to get the forms.
  • Posted on Author
    Yes, but what if it is a candid photo of random people that we do not know, what should we do then?
  • Posted by Moriarty on Accepted
    Steve's in the US and will know the local situation a lot better than I do.

    I took a photograph at my local railway station for commercial purposes. My guess is that any one of those people could sue me if they wished - only would they ever see my picture? What would it cost them to bring the action, and in truth, would it be worth their while?

    To be honest, I could imagine them smiling that they were on film.

    Perhaps Steve has some indications on possible disclaimers you could use if you just posted the picture?
  • Posted on Author
    Thanks. I look forward to hearing from Steve.

    Let me give you an example. We photograph a very prominent religious figure in our city. If he is at a church service, which is attend by hundreds people, and we take a candid photo of him with a random child from the congregation; or another example is if we photograph an event, along with main stream media, and we take a candid photo from that event.

    What is the expectation of privacy if their photo is taken at a public event attended by media? Can we utilize these photos on FB/Website/Direct Marketing Pieces?
  • Posted by SteveByrneMarketing on Member
    It all depends. Big view of the Boston Marathon is ok. Any shot that clearly features an individual, makes that person the star, the celebrity of your marketing can result in a lawsuit. And btw anyone can fill a lawsuit whether it has merit or not. So word to the wise.

    The Details ..

    https://commons.wikimedia.org/wiki/Commons:Photographs_of_identifiable_peop...

    https://asmp.org/articles/business-and-legal-faq.html#.UjjT5mTXhn8
  • Posted by Gary Bloomer on Accepted
    There is a copyright clause about fair use. In public, at a public event, there can be little expectation of privacy if one does not know their photograph is being taken. Each day, millions of people have their photographs taken by closed circuit TV systems.

    You, as the originator of the image, need to take all reasonable steps to contact people you tale photographs of IF you intend to use those images in promotional material over which the people in the images have no say until such time as those images are published.

    If images are taken at an event to which an admission fee is charged, or for which there is published promotional material that's publicly circulated, one way to cover your self is to include wording to the effect on the flyers etc that states by attending the event, attendees agree to having their likeness photographed or recorded with audio visual equipment, the results of which may be used for promotional purposes.
  • Posted by SteveByrneMarketing on Member
    I didn't see your "example" post before my last posting. If it were me, I would get a photo release from the child's parents and the religious figure. Why not? You have access to both and if nothing else, it's just common courtesy.

    A candid shot of entire event would probably be ok.

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