Posting Halloween Pics Online - Legality?

Discussion in 'Photographic Discussions' started by keith204, Oct 31, 2007.

  1. keith204

    keith204 No longer a newbie, moving up!

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    I know you guys aren't lawyers, but you do take pictures, and post them online.

    Tonight our church is doing a halloween party (one of those safe things where kids just go around the parking lot to play games and get candy). Anyway, they've asked me to come and take photos. Way cool, it'll be a lot of fun.

    Question is: can I post those on my SmugMug for people to buy?
     
  2. Big Mike

    Big Mike I am Big, I am Mike Staff Member Supporting Member

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    If you are asking if it's OK to post photos of people on-line...I would think that it's perfectly legal, as long as they were taken in a public place. Basically, you can't breech a person's right for 'Reasonable Expectation of Privacy'...so if they are outdoors, in public, it's OK...if they are in their own home and you are peeking in a window, it's not OK.

    As for selling them, I would think that it's OK...especially if the people in the photos are the ones doing the buying. If you were to use the photos in a commercial manor, I would think that you would need a model release to publish them.

    As always, I'm not a lawyer....bla bla bla
     
  3. keith204

    keith204 No longer a newbie, moving up!

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    Thanks for the quick advice.

    Nah, I won't hold you liable if I get sued for posting pics of little batman online.

    That all makes sense... it's in a public place (outside in a public place even) and I'm not using these for business graphics, or selling the pictures to companies or anything like that. Although, I did hear the supermarket tabloids pay quite a penny :).

    Thanks Mike!
     
  4. EOS_JD

    EOS_JD TPF Noob!

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    If there's any parents there that object, I'd make sure you keep their kids off the website. make sure people know.

    I doubt there will be any real problems with what you are proposing to do but it's best people are aware. If you get a complaint, remove the image immediately.
     
  5. sabbath999

    sabbath999 No longer a newbie, moving up!

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    Personal experience speaking? ;)
     
  6. Big Mike

    Big Mike I am Big, I am Mike Staff Member Supporting Member

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    Ya, the tabloids are always trying to get photos of me :er:
     
  7. Alpha

    Alpha Troll Extraordinaire

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    Selling them explicitly makes it a commercial matter. Therefore, you technically need a model release from the parent and a property release from the church in order to sell them (even to the people whose photos you're taking). In cases like this, the release is for your benefit, as it's a contractual agreement with the subject and property owner explicitly outlining your right to do what you like with the shots.

    Whether or not your church or fellow church-goers would sue you over something like this is a different story.
     
  8. sabbath999

    sabbath999 No longer a newbie, moving up!

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    I hate that... I wish they would leave us alone, Britney just can't get comfortable around here unless all of the drapes are drawn
     
  9. jols

    jols TPF Noob!

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    a church having a halloween party.

    thats a bit strange
     
  10. Joxby

    Joxby TPF Noob!

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    They'll have a Halloween party anywhere in the US, church is as good as anywhere.
    We dont celebrate Halloween, hardly even on the radar. (Brits)
    Bonfire night however......is......yayy
     
  11. xfloggingkylex

    xfloggingkylex TPF Noob!

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    definitely get a model release. You dont want any problems.
     
  12. keith204

    keith204 No longer a newbie, moving up!

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    but if I don't profit from this, and charge the minimum amount so I don't make any money, is it still a commercial matter?

    So, are you saying that if I just go around taking pictures, then that is ok? but I can't put them online without a model release?

    Whew, I'd better get a lawyer...

    And... the church is doing a halloween party as an 'alternative' to going around to the dark houses around town. It's a pretty neat and safe alternative, and the community gets involved.
     

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