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01/18/2023 12:21:42 PM · #1 |
So I have a question regarding photo releases. I'm a photographer for an aquarium. We also do conservations projects. For example: creek cleanup, e-cycling, Christmas tree recycling. Do we need photo releases for any community event if we're going to use the photos the following year to advertise the recycling/cleanup event? We're not charging for the event, but they may decide to visit if they're already down there for the recycling/cleanup event.
Otherwise, the photo may be used in something like the annual report.
Part of me thinks it's news and doesn't fall under the photo release category. But if we're using it the following year to let people know about the event, does it fall under news any more?
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01/18/2023 01:46:51 PM · #2 |
IIRC you don't need any kind of release if people are out and about in public.
Unfortunately, everybody's an expert on personal & privacy rights regardless of the actual legality so if someone doesn't want you to take their picture, they'll tell you that you can not without their express permission.
So..... I'm in the habit of just being courteous and asking in this kind of situation just to ensure no one gets their nose out of joint.
That way anyone who doesn't want their picture taken doesn't ruin the day across the board for those who are okay with it and you can still document what's happening and just make sure you keep the people out of the frame who don't want to participate.
Also, the absolute best thing would be to make sure you know exactly what the aquarium muckety-mucks want from you.
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01/18/2023 02:29:36 PM · #3 |
If the photos are only used in-house by the aquarium you probably don't need a release, especially if you are including a group of people (i.e. documenting the "event").
For individuals, e.g. a kid holding a frog, you would be safer getting a release, though as Jeb says asking politely should usually do. See if the organization can provide you with forms if you do use them. They might also put a disclaimer on their tickets and signage alerting people that cameras are in operation ...
Obviously, if the photos are used other ways (postcards, calendars, stock, etc.) you should get releases for identifiable individuals.
If you are photographing individuals, you might offer to send them a photo as a bribe?
I'm not a lawyer, but my mom did voice-overs for LA Law ... ;-)
Message edited by author 2023-01-18 14:31:10. |
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01/26/2023 12:44:08 PM · #4 |
Originally posted by NikonJeb:
IIRC you don't need any kind of release if people are out and about in public.
Unfortunately, everybody's an expert on personal & privacy rights regardless of the actual legality so if someone doesn't want you to take their picture, they'll tell you that you can not without their express permission.
So..... I'm in the habit of just being courteous and asking in this kind of situation just to ensure no one gets their nose out of joint.
That way anyone who doesn't want their picture taken doesn't ruin the day across the board for those who are okay with it and you can still document what's happening and just make sure you keep the people out of the frame who don't want to participate.
Also, the absolute best thing would be to make sure you know exactly what the aquarium muckety-mucks want from you. |
You certainly don't need the release to take the picture, but the question is regarding the usage of the image after it is taken.
While simply posting photos of the event should be safe, using it to advertise for next years event could be problematic, context is important. You mentioned that you think it's just news, and that can certainly make a difference, but who's publishing that news? Advertising falls under commercial usage and is typically the one thing you actually do need a model release for. This differs based on jurisdiction of course. (IANAL and there seems to be some nuance in your case, a release would certainly eliminate possible future problems) |
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01/26/2023 01:00:02 PM · #5 |
I would ask the aquarium what their policy is. Generally, the location will post a notice that there will be a photographer at an event, and that showing up implies their consent to use their image.
Also, since this is in-house, and not being sold for commercial purposes, you should be ok - however, this sort of thing varies from state to state.
If you're going to do close-ups, especially of children, I'd have a release handy. Asking people for permission is nice, but it is not legally enforceable without a release. And Robin is correct: the issue is not taking the photo, it's using it.
If you don't already have one, you might want to get an official credential on a lanyard to wear during the events.
Message edited by author 2023-01-26 13:01:15. |
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01/27/2023 09:12:12 PM · #6 |
Originally posted by tanguera:
If you don't already have one, you might want to get an official credential on a lanyard to wear during the events. |
I was just saying earlier to a friend that if you wear a blue blazer, have a hardhat and a clipboard, you can walk in anywhere and cruise right by with impunity.
Add the lanyard, you're golden!!
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