Archive 2013 · Request for use of a Photo - Release

GeorgieGirl
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p.1 #1 · p.1 #1 · Request for use of a Photo - Release

Hello -

I am an avid cruiser and enjoy some Facebook banter with the cruiseline on their FB page among other like minded cruisers. And when I cruise I take photos.

One cruise in 2012 I ran into a particular bartender who recalled us from a past cruise and that is not uncommon with staff and guests from time to time. (Insert chuckle that a bartender might recall me..

)

So long story short, the cruiseline had asked for submissions of personal stories at one time and I did submit one (to the invisible marketers) and I got an email today asking for my permission to use the story and the photo whiech was not an expectations, but Yay Me!!

The release appears pretty innocuous so that is not my concern. My concern is that the subject, who is a cruiseline employee and who is often featured in their materials is someone I did not get a release from. The photo was a my memory thing and not part of any grand plan for free mareketing by the cruiseline.

I am not a pro, I take photos for my own pleasure and this is not a fantastic shot by any means, but the bartender sure is an amazingly compelling subject and he does does not take a bad photo.

There are people in the background as well who will be included in the print material for the cruiseline's 2014/2015 brochures in the US and Canada.

Question is, do you think I may be subject to issues because of no release from the bartender or the people who were captured in the background when I took this photo?

Here's the photo. Thanks for any weigh in on this topic.

May 02, 2013 at 07:27 PM

davenfl
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p.1 #2 · p.1 #2 · Request for use of a Photo - Release

You seem to be worried about a lot of things that are non-issues. If you grant them the right to use your story and photo simply indicate that your release for them to use your material is subject to them obtaining any and all necessary releases prior to publication and that they agree to hold you completely harmless from any and all claims now and in the future. Done, it their problem.

Dave

May 02, 2013 at 07:42 PM

GeorgieGirl
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p.1 #3 · p.1 #3 · Request for use of a Photo - Release

Ok good to know...I'm not worried about alot of things...just one, and you seemed to hone in on it precisely. Thanks for the insight Dave, much appreciated.

May 02, 2013 at 07:50 PM

Steve Wylie
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p.1 #4 · p.1 #4 · Request for use of a Photo - Release

I wouldn't be surprised if the cruise line requires its employees to grant them rights to use photos of them as a condition of employment (or requires them to opt out of that). I wouldn't worry about it.

May 03, 2013 at 01:28 AM

jefferies1
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p.1 #5 · p.1 #5 · Request for use of a Photo - Release

I think PPA has a release online that is for event and conventions. It mentions the user is responsible for any releases of people in the images. Might want to look it up as reference. Same concept davenfl mentioned.

May 03, 2013 at 01:15 PM

GeorgieGirl
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p.1 #6 · p.1 #6 · Request for use of a Photo - Release

Thanks all. I am working it out with the cruiseline now. They have Peter's release because they do feature him in print materials often. They are checking with their legal group. Funny little artile on this topic in Shutterbug. It almost uses this scenario as a textbook case and they say don't do it.

Seems they want to use this photo; if they can get Peter to agree then its all good for everyone.

May 06, 2013 at 06:58 PM


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