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04/22/2004 12:32:39 PM · #1 |
am wondering about a situation we are embarking on here at the Discovery Museum. We are a private nonprofit science & technology museum for kids. I am hoping to do a bit of fundraising with digital images. We host events, school groups, parties, etc here daily. We plan to capture images of these visitors and post them to our website. These images would be for sale as a fundraiser for the museum.
Are there legal implications with this? Is consent necessary? Visitors are on private property and pay for admission. Can a blanket consent be posted at the entrance?
Any assistance or direction would be greatly appreciated!
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04/22/2004 12:46:08 PM · #2 |
| In Melbourne's Crown Casino, when you enter, there are huge signs everywhere saying that you might be photographed and that said photos can be used by the casino when and where they want, and that if you don't want that then don't enter. But that's Australia. I'm not sure how that would work in the US. |
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04/22/2004 12:46:55 PM · #3 |
I believe that consent is necessary regardless of whether or not its private property, or visiters are paying.
Don't know if a blanket type consent would work. I think as (especially?) a nonprofit that you guys need to sit down with an lawyer and figure out what best protects you.
Good Luck |
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04/22/2004 12:49:40 PM · #4 |
We plan to capture images of these visitors and post them to our website.....Are there legal implications with this? Is consent necessary? [/quote]
As a non-profit, your board probably has a lawyer. And I would suggest for research on your own that a competent reference librarian at your public library could be of great help.
Ethically, please consider the implications of posting a child's photo on the web(or in any other highly public place). There are children who are being protected from an abusive parent, for example, and posting their image may lead to their discovery. |
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04/22/2004 02:49:22 PM · #5 |
bump
(I can't possibly have the last word on this! Anyone?) |
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04/22/2004 02:53:15 PM · #6 |
| At the nonprofit I work for, each parent has to sign a form stating that pictures of their child will be used in promotional materials, etc., for reasons that KaDi posted. As most everyone else has said, I'd suggest consulting a lawyer. |
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04/22/2004 03:04:18 PM · #7 |
I think I saw somewhere else, that on the back of major league sporting events ticket that it states you may be photographed and the picture can be used with out your consent or reimbursement to you. I have not seen it since i dont attend major sporting events
James
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04/22/2004 03:22:07 PM · #8 |
I've been to events, and clubs etc, where there is a sign at the door, stating that you may be photographed and your image used in any of the club's promotional materials, and if you do not agree to this, to not enter the club.
i think if you put something like that at the door, that'd be legit.
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04/22/2004 04:16:16 PM · #9 |
Originally posted by jxpfeer:
I've been to events, and clubs etc, where there is a sign at the door, stating that you may be photographed and your image used in any of the club's promotional materials, and if you do not agree to this, to not enter the club. |
I'm betting that those clubs probably had an age restriction on them so they didn't have to worry about privacy issues for minors.
I urge you to consult a lawyer, too.
Kev
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04/22/2004 05:17:39 PM · #10 |
In this case, I'm with the consult your attorney crowd.
One temporary workaround would be to compose/crop your photos so none of the kids are individually identifiable; a longshot of a crowd of kids from the back participating in some activity should be OK under most circumstances.
The simple alternative is to get valid releases from the parent/guardian/subject, and don't use any photos for which you don't have a release. I imagine many parents without custody issues might be happy to support your efforts by letting you use a picture ... maybe give them a credits page in a donor-listing area. |
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