 Daphne Mills |
press conference I attended a local press conference with, well the press (television and various newspapers). I have photos of the speakers, crowd, reporters. Can I post these photos on my site without any releases? It's impossible to get a release for everyone.
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John G. Clifford Jr |
If you're using the images for editorial purposes (telling a story, for example), then, yes, you can use the images and you don't need releases. If you're using the images for advertising or otherwise selling them to make money, then the answer is no, you can't use the images without releases.
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Raymond H. Kemp |
Posting photos from an event on a web site such as Better Photo are usually “considered an editorial use.” See this link on Carolyn Wright’s site - http://www.photoattorney.com/2007/06/alert-photographer-blamed-for-showing.html Also check out Dan Heller’s excellent article - http://www.danheller.com/model-release.html On Dan’s article look at section 8.10 Photos on the Web. These might give you a better idea as to the use of your images on your web site. Hope this helps. Ray
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Mark Feldstein |
Greetings Daphne. As for anything else in life, there are general rules and more specific rules that apply to any given situation. As I've said here on many occasions this is a poor place to get legal advice regarding a specific situation because laws concerning privacy and first amendment issues vary from one state to another. Also, when these things come up general legal advice, including mine and Carolyn's (as we're both lawyers) and Dan Heller's comes with various disclaimers including "consult an attorney" about your specific situation. That's what I think you should do and get what we call an "opinion letter" from them on their letterhead. That letter will outline your specific situation and inquiry and their answer/opinion as a member of the bar in your particular community. If for some reason, any reason, you're subsequently sued, then that letter may ultimately serve as a viable defense and paid for by that lawyer's E&O insurance (malpractice). You can't do that when you read someone's web site and just follow the advice there based upon your own interpretation of that advice. Now, while the reasons I offer you this insight are pretty apparent, there are additional facts that don't appear in your inquiry here or in the question you asked about the football kids. Those facts are necessary to make a determination as to the propiety of posting the photos on your web site, notwithstanding whether it's construed as editorial or commercial use. I think the best advice you can get, here or elsewhere on the net, is to buy some time from a lawyer in your jurisdiction who specializes in intellectual property and /or first amendment law. Get an opinion letter (or a release) to be sure (or as sure as you may be) in YOUR own specific situation(s). I think both Carolyn and Dan Heller would agree with me. In fact, I know they do.
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Daphne Mills |
I thank you guys for your quick reply. I will take all of highly consider all of your suggestions.
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