facebook photos

[djdave01]

for the last few months, ive been taking photos at selected gigs, some are used for our website, some end up on our facebook page.

at private events, ive always told the client in advance that this might happen, and have mentioned on the mic several times that the photos taken may be used online. in most cases there has been no problems, only once has a client asked for photos not to be used. It also states in my T & C's that photos might be used.

at a recent christmas party, having mentioned on the mic several times about it, photos were taken and some are now on facebook.

last night, i recieved an email from a lady who attended the party. She is demanding that i remove the photos from facebook and is threating legal action if i dont. she states that i didnt mention anything about facebook until right at the end, which is wrong. i mentioned it several times.

Im going to ask her to identify which photos shes in, and i'll remove those photos, but im wondering where i legally stand on this. am i supposed to get written consent from everyone at the event, or is telling them over the mic enough?

[mattydinx]

I'd just simply take the photos she doesn't approve of down - Although technically you don't have to!

http://photorights.org/faq/is-it-leg...without-asking

[Corabar Entertainment]

To answer your own question: do you think that a newspaper contacts every person in a group shot to ask for permission to publish a photo before they go to print? Or, for that matter, never mind group photos, do you think that celebrities give permission for all those candid shots?

If the organiser hasn't objected, and you've got it in your T&Cs, I can't see that they would have a legal leg to stand on, but from a PR POV, you're doing the right thing by removing.

[Vectis]

The grey area here is whether by whacking them online you are exploiting them for commercial purposes. In which case model releases should be sought.

My opinion is that technically, uploading to a mobile disco page ("Hey - book my great disco") on Facebook is a breach. Uploading to a personal page ("Hey - look at this great party I went to") is not.

Sounds like you already know what to do

[Corabar Steve]

The grey area here is whether by whacking them online you are exploiting them for commercial purposes. In which case model releases should be sought.

Wouldn't newspapers be in the same boat then? Surely a photo in the paper is there for commercial purposes, yet they don't seek releases from everyone in a crowd shot.

[Corabar Entertainment]

The grey area here is whether by whacking them online you are exploiting them for commercial purposes. In which case model releases should be sought.

My opinion is that technically, uploading to a mobile disco page ("Hey - book my great disco") on Facebook is a breach. Uploading to a personal page ("Hey - look at this great party I went to") is not.

Sounds like you already know what to do

I've considered the 'model releases / commercial aspect before, and, IMO, most general disco shots of gigs you've done don't breach.

[Vectis]

Wouldn't newspapers be in the same boat then? Surely a photo in the paper is there for commercial purposes, yet they don't seek releases from everyone in a crowd shot.

By "grey area" I meant that if there was one piece of the photographers code that a particularly arsey client might pursue, it would be that one.

[Corabar Entertainment]

By "grey area" I meant that if there was one piece of the photographers code that a particularly arsey client might pursue, it would be that one.

Agree completely with that!

[hammy]

My T&C`s sate that photos taken during the event will be used for web advertising etc etc, And also the usual "if you have a problem then I wont take them.

[djdave01]

ive now contacted the lady and await her responce. I'll remove the ones she asks me to, and will make more of a point of telling the crowds about facebook photos in future.