Pics - Get permission or not

I’m starting to update my website. Do you ask for permission to use pics that you took at events for your website?

It's a gut feel for me. I post when I think it will be ok. And, I don't post anything tasteless.

Probably not the most legal way, but I've never been asked to remove them.

I basically have a clause in my contract that says we have the right to take pictures at their event and to use them on our website...if you would like a copy of the clause, feel free to email me.

Yes, absolutely. Technically, written permission should be got before posting recognizeable images of people.

The "gotcha" in this case ~ we're businesses and business websites should be playing by the rules. Always obtain written permission from all persons whose likenesses are to be posted on the site. I suggest a simple release form that the folks in question may sign.

Thoughts?

Ruben:

Are these "public" or "private" events that you are referring to?

Kirby

I basically have a clause in my contract that says we have the right to take pictures at their event and to use them on our website...if you would like a copy of the clause, feel free to email me.

Good call...I too have this clause written in towards the end of the contract. Especially helpful for HS dance pics.

Awesome question Ruben.

Many people don't care, yet there are some that do...


Easy example -- ME :sqerr:

My image is a trademark. I may not be the cutest guy in the world, or the sexiest, but my image identifies with my company and products (it is branded).

Think Peter Norton (Norton Anti-Virus). He sold his rights ages ago, for 40 mil, to what is now Symantec. He still poses for pics now and again, and gets royalty and consulting fees.

If you put a pic of him at a wedding on yer website, you will get sued!


Bobby Jean Stewart, on the other hand, could care less.



My take is this: If the person does not depend on their image for a living, yer probably ok with it...

Are these "public" or "private" events that you are referring to?
Kirby

Both.

I basically have a clause in my contract that says we have the right to take pictures at their event and to use them on our website...if you would like a copy of the clause, feel free to email me.

Thanks, I like to see it. You can send my the whole contract as a matter of fact.:sqwink:

What about DJ's that post their gig vids on youtube. I'd be afraid of a lawsuit.

I basically have a clause in my contract that says we have the right to take pictures at their event and to use them on our website....

Can the person who signs the contract giveaway the rights to people that come to a private/public event? Do need a sign at a ballpark saying that they have the right to broadcast your likeness?

If one uses an image of a person without that person's individual permission to "publish" that image in your marketing project(s), and what DJ web site is not marketing, could your tail be swinging? If one thinks they are protected by the same rights publishing their web site as the National Inquirer or the Washington Post, you're in for a nifty surprise.

Do what you will. No harm no foul until you're brought to task, in which the odds say you'll probably win the lottery first before being sued for improperly using a photo with someone who feels you've done them wrong. Stay heavily self-insured and there's nothing to worry about! Though maybe your picture, which the client had no rights to sign away the rights of others, is of some person whose image was not desired to be published. Not much air in the trunk of car on it's way to the boonies. LOL

Go ahead. Put the pictures on the site and take your chances.

I basically have a clause in my contract that says we have the right to take pictures at their event and to use them on our website...if you would like a copy of the clause, feel free to email me.

We do the same thing that Charlene does, if we do an event and notice theres not many pictures being taken we often shoot more than normal and will burn them onto cd and send them with our magnet, and a thank you card, we've gotten a few referalls that way.

We shoot with a Nikon D50 and a 2gig card so its not uncommon for us to grab between 100-300 of each event. It gives the roadie something to do during the playing hours.

kyle

Public events fall into that category of the person should not expect any privacy if they are attending that event.

Private events are another whole ball of wax. You might have a clause in your contract or photo release but it legally may only cover the person or persons signing that clause/release. The people attending a private event have some expectation of privacy and could object to their images being used without their permission.

With that being said, Coreen has been doing photography over 20 years and has never run into a problem, yet.

Not sure of minors as I would believe that they wouldn't have the legal authority to give that "release" to you to use. I'd be real leery of using images from a school event as you don't have permission from the parents to use their children's images. I could be wrong on that, but I would be real careful using any pics of under-age photo subjects, especially in school situations.

We do a yearly event at the United Cerebral Palsy camp and are forbidden to even take pictures.

Cap and Kirby are correct. If a recognizeable likeness is posted in public, said likeness must sign a release before the likeness is published.

A contract clause covers only the person who signs the contract. The signatory cannot grant permission for the likenesses of others to be published.

If you've watched those shows on television where some peoples' eyes or faces were blurred, you'll see of what I speak. This was done because the people in question did not sign a release form with the show's producers. Blurring of the faces makes them unrecognizeable and in compliance with US law.

Can the person who signs the contract giveaway the rights to people that come to a private/public event? Do need a sign at a ballpark saying that they have the right to broadcast your likeness?


I don't think that anyone can sign away another's rights.

Don't they put something about images may be captured on the tickets? That probably covers them there as you need a ticket to get in and they are informing you up front of the chance that you may be photographed or filmed.

If one uses an image of a person without that person's individual permission to "publish" that image in your marketing project(s), and what DJ web site is not marketing, could your tail be swinging? If one thinks they are protected by the same rights publishing their web site as the National Inquirer or the Washington Post, you're in for a nifty surprise.

Do what you will. No harm no foul until you're brought to task, in which the odds say you'll probably win the lottery first before being sued for improperly using a photo with someone who feels you've done them wrong. Stay heavily self-insured and there's nothing to worry about! Though maybe your picture, which the client had no rights to sign away the rights of others, is of some person whose image was not desired to be published. Not much air in the trunk of car on it's way to the boonies. LOL

Go ahead. Put the pictures on the site and take your chances.

Bravo, well put..Mr. Capello! :thumbsup:

Its why my photographer wont publish guests pictures on his site when doing a wedding event.

From recollection some have posted about being told to remove the pic and once satisfied it usually got dropped as no one wants a bout with the legal system if at all possible. However you never know whose mug you might be displaying.

I took this picture of the kids at a birthday party I did. This picture is on my website. Since you can't identify any of them I’m thinking its ok?

According to my lawyer, the paragraph in my contract that reads "any and all pictures or video taken at the event can be used by Platinum Sound for promotional use..." should be enough to cover my butt. Would it stand up in court, probably not - but as others have said it most likely won't go that far.

I took this picture of the kids at a birthday party I did. This picture is on my website. Since you can't identify any of them I’m thinking its ok?
Yup. As long as the faces are not recognizeable, you're good.

Kris,

With due respect, your attorney is mistaken. Your client cannot grant permission for the likenesses of his or her guests to be published. Only the person whose likeness is featured can do that. In the case of minors, a parent or legal guardian must sign a release form before the image is published.

If you are in doubt or do not have written permission, do a little Photoshopping and blur the faces slightly.