Just finished watching a lesson on KT.com about model release. I am curious about what is legal/not legal for posting images on blogs or social media like facebook of people without first obtaining a model release. I'm referring to people that aren't models, like co-workers, friends, family, etc. Just because they aren't a "model" doesn't mean they should be exempt from a release, right?
I know it sounds strange (or not), but what do you think about that? For instance, a photo is taken in a bar of a group of friends and posted on facebook. This isn't advertising or being used for any other commercial use, but isn't exactly editorial or news-type stuff either. Would it be possible for the individuals in the photo to stake a legal claim against the photographer for any reason for using a picture of them in a public forum or social media without their consent?
This is all hypothetical, of course...it just had me thinking. Also, what about group photos? I took a group photo at work with approximately 500 people in it without any consent because I was ignorant to the laws at the time. The images would most likely only be used in print and inside the workplace. If it were to later be used on a website or something showcasing history or heritage of the unit, could I face legal trouble?
One last question: I'm working on a project that requires me to photograph co-workers on the job so we can update the photos in our building of people doing their jobs. I had not previously considered asking anyone to sign a consent or release, but now I'm thinking it may not be a bad idea. Thoughts?
It's the "user" who infringes (or doesn't) on the individual's "rights." So if the photographer publishes the images, a business does, etc., it's that person that is liable. A photographer who takes the picture is unlikely to be liable unless they are also the user or represents that releases are available when they aren't.
Pictures taken in a business for business uses would be the responsibility of the business. Whether a release is required or not could depend on the employment contract conditions and/or the laws of the state involved.
The individuals' rights in the area of privacy and "publicity" vary somewhat from state to state so a use that is acceptable in one place may not be in another.
It's a good idea for a photographer to be familiar with the legal issues in the places they do business or publish materials but your customers should be getting their own competent local legal advice - from their legal advisers, not their photographers.
It's a good idea for a photographer to be familiar with the legal issues in the places they do business or publish materials but your customers should be getting their own competent local legal advice - from their legal advisers, not their photographers.
Indeed. There is no fully practical way the photographer (or the photographer's lawyer) can know all the current and future uses the client may put to the image. The photographer should not assume any responsibility of having provided a fully legal model release to the client.
no_surrender wrote:
Just finished watching a lesson on KT.com about model release. I am curious about what is legal/not legal for posting images on blogs or social media like facebook of people without first obtaining a model release. I'm referring to people that aren't models, like co-workers, friends, family, etc. Just because they aren't a "model" doesn't mean they should be exempt from a release, right?
I know it sounds strange (or not), but what do you think about that? For instance, a photo is taken in a bar of a group of friends and posted on facebook. This isn't advertising or being used for any other commercial use, but isn't exactly editorial or news-type stuff either. Would it be possible for the individuals in the photo to stake a legal claim against the photographer for any reason for using a picture of them in a public forum or social media without their consent?...Show more →
Are you planning on selling pictures of your friends to anyone? If not, then don't worry about it.
You are putting the pictures on facebook, not Getty or another stock site. If they are friends and they don't want the pictures online, they can ask you to take them down or not be tagged in them.
If you are selling the pictures for advertisement, then absolutely get releases. But really, who sells pictures of their friends for advertising?
