 Rosie Fodera |
Release Forms for Non-Profit Events Hello, I have been asked to be the photographer for a not-for-profit organization. I will be taking pictures at the events they hold, which will be at different locations with hundreds of people. I will more than likely post these pics on my site or on their site. Do I need release forms? If I post the pics on my site or on the site of the organization do I need the consent of the people that I photograph? I will be taking candid shots. Any insight would be much appreciated. Rosie
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Mark Feldstein |
What you need to publish the photos, electronically or in print, is called an "implied release". To accomplish that, the event sponsor must post signs at the public entries to the events that state "Your entry to this event constitutes implied consent to be photographed and to have those photos published." A letter to you from the non-profit group stating that the signs were posted should cover you. And... ideally, taking a photograph of the signage as people go through the entrance will be useful for you too. This is the way concert promoters handle the issue and, btw, profit status of the organization has nothing to do with the release laws. Just thought I'd mention it. Take it light. Mark
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Dale |
Hello Rosie, Generally speaking, if you take pictures that are not going to be sold for profit, or involve any type of financial gain, a release or permission is not necessary. Imagine an organization putting on a parade that starts in a park, and proceeds through the streets, any photographs taken by anyone is essentially free game. If you were on vacation and happened to come across a celebrity or a famous person, and snapped a photograph and later posted it on your personal website for sale at ten dollars per print, then a release or permission from this individuals agent or representative would be advised. Dale
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Rosie Fodera |
Dale/Mark, Thanks for the info. What do you mean by "profit status of the organization has nothing to do with the release laws"? Thanks again for your help. Rosie
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Dale |
Rosie, For your particular situation of assisting an organized group with taking photos, a release is generally not necessary. Likewise, any of the other people who attend this event would be free to take pictures and post them on a personal website so long as the images are not sold or published for the purposes of making a profit. If there is a Border's book store close to you, or a professional camera store, they would probably have books that would contain various types of releases. I happen to take photos at many events for a non profit organization that works in conjunction with many government agencies. Even with many government and civic leaders attending these events, I have taken thousands of images and many of these images are on this organizations website. Dale
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Mark Feldstein |
Well Rosie, first I should point out that a release won't necessarily prevent you from getting sued but may serve as your first line of defense in some situations. Unfortunately, Dale appears to misunderstand the general state of privacy law as it applies to private citizens vs. public officials. (See (e.g., N.Y. Times Vs. Sullivan, in the U.S. Supreme Court). Government officials and civic leaders are NOT construed in the same light as private individuals for purposes of violations of their rights to privacy or use of their recognizable likeness or images. Private people who attend those events are viewed under a different standard. In most situations, they're viewed as fair game for photographers by virtue of the status their public stature affords to them. BUT you should also know that the various state privacy laws don't make a distinction between public/ private events, who sponsors them or where they happen to be. The distinction, depending on the state you live in, is in their status as public officials, private persons vs. celebrities. In my experience and to the best of my knowledge as a lawyer and a full-time, In Dale's situation in terms of the events he works and photos of public officials he takes, that's all well and good. But on the other hand, if the non-profit sponsors, and/or government agencies paying the tab aren't posting proper notice outside their venues as those implied releases apply to private citizens, they're running the risk of being caught defenseless in the event one of those private persons decides a photo of his portrays them in either a false light or derrogatory manner...for any reason. As for books...there are number of good ones for photographers written by lawyers specializing in intellectual property. Krages is one author and a guy named Duboff is another. AND...make sure what you read is up to date. In many states including Florida, New York, Illinois and California, the law regarding the news media exception to the release laws has been changing over the past few years to be more restrictive on the issue of the news and the public's need to know (or see) a particular photograph.
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Rosie Fodera |
Thanks again. If the organization posts a release form on their site as opposed to the location of the event would that still cover me?
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Mark Feldstein |
No. It has to be posted where people actually, physically, attending the event can see it and decide at that point whether to enter the event or not knowing they may be photographed for publication. You know Rosie, if I were you I would go to the director of the organization you're planning to shoot for, tell them to get ahold of their attorney and get an opinion letter on the attorney's letterhead outlining the issue and how they recommend their client address it under the particular circumstances. YOU need a copy of that letter so you can say you relied upon advice of counsel in granting them license to publish the work. You (among others) may think this is foolish or nitpicking. I can't think of a single event that I've been asked to cover in California over the past few years, including Neil Young concerts and the Bridge School concert where they haven't posted notice at the gate re. photographic consent. And at the Monterey Jazz and Blues Festivals, it's presumed that photographers sporting media credentials or working in some capacity for the venue, know the release laws as they apply to them. So, if we start photographing folks dancing in the audience and not on stage, (the artists have photo clauses in their performance contracts with the festivals) then either us or our assistants need to reach into our packs for pads of preprinted release forms and get them signed UNLESS the festival includes one of those signs at their entry, which is their option to do or not to as they see fit. But just because they don't deem it necessary doeesn't grant the photographer an unlimited license by proxy to photograph and publish and WON'T get him/her off the hook in an action for say libel or invasion of privacy unless it's work for hire and that's an entirely different, separate issue. Okie dokie?
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