 Celeste McWilliams |
Releases for People Willing to Pose for Photos My question involves implied consent for photo models... I attend events (baseball games, festivals, etc) and shoot photos of people. Not surprisingly, people are more than willing to have their photos taken, and are happy to give a big smile. I give them my business card, and explain that their photos are available for purchase on my website. Although rare, I have had people say they don't want their photos posted, so I don't post them. Because I am explaining my intentions, is this considered adequate consent?
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Mark Feldstein |
Absolutely NOT. Putting photos on an internet site is publishing and publishing requires a written release from adults over 18 or parents/legal guardians of kids under 18 unless you are either (1) a legitimate editorial publication like a newspaper or news magazine; or (2) in California where the law says notice may be permitted at some public events when it's a proper type size and readable style and specifically worded signage posted at all entries to the venue clearly stating that they will be photographed for publication and related language of who, why, and explaining the consent process and waiver. Merely asking for consent ain't it. You should also be asking the opinion of a lawyer who knows privacy law in your particular jurisdicition. As it stands, you could be setting yourself up for an invasion of privacy/misappropriation of likeness suit. All it takes is one depicted with or even without someone they shouldn't have been depicted with and who says they never consented. At that point, you can probably trade your camera in for a concession tray to sell peanuts and Crackerjack. You also can't rely on legal advice you receive here as a defense at trial. You need to get a written opinion from a lawyer where you are and then approach the operators of the venue. You of course already have consent of the venue owners and management to do this already right? And of course, liability insurance for doing this as well, right?
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BetterPhoto Member |
In my area, even the press needs releases to print photographs of people. I wouldn't do it with out releases. Have fun and keep shooting,
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