Posting Halloween Pics Online - Legality?

keith204 · Oct 31, 2007

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?

Big Mike · Oct 31, 2007

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

keith204 · Oct 31, 2007

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!

EOS_JD · Oct 31, 2007

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.

sabbath999 · Oct 31, 2007

Big Mike said:
if they are in their own home and you are peeking in a window...

Personal experience speaking?

Big Mike · Oct 31, 2007

sabbath999 said:
Personal experience speaking?

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

Alpha · Oct 31, 2007

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.

sabbath999 · Oct 31, 2007

Big Mike said:
Ya, the tabloids are always trying to get photos of me :er:

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

jols · Oct 31, 2007

a church having a halloween party.

thats a bit strange

Joxby · Oct 31, 2007

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

xfloggingkylex · Oct 31, 2007

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

keith204 · Oct 31, 2007

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.

keith204 · Oct 31, 2007

I just read an article from USA today that actually had some great advice about taking photos. Here's the article. http://www.usatoday.com/tech/columnist/andrewkantor/2005-12-29-camera-laws_x.htm

Basically, I believe I am safe...but need to take some precaution.

Since I am in a place that is publicly available, it's ok. When I publish them, I need to be sure I am not portraying recognizable people in the wrong light (saying these kids are at at a satan worshipping service). For one, the kids won't be recognizable for the most part. For two, I will simply be posting the pictures, and not telling anything false about them in articles or anything.

There are many more great thoughts in this article, and the article's source came through about 5 reliable articles..some from the Govt.

So, I will probably print off a chunk of 100 flyers or so, and then pass them out as I take pictures. Then people know WHERE to find them, and I will even include a little disclaimer on there, about "if you want a picture removed, simply tell me and I'll remove it" or something that sounds better

.

Read that article if you get a chance, it's real good and makes a lot of sense.

skieur · Nov 1, 2007

MaxBloom said:
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.

Sorry, Max, you may know your photography but you definitely don't know your law, but then I probably have more experience in that area than you do.

Whether it is a commercial matter is irrelevant in american law as well as that of several other countries. How many times do I have to explain here:

A MODEL RELEASE IS NECESSARY FOR ADVERTISING PURPOSES ONLY" (shot of a person in a public place)

and

PROPERTY RELEASES ARE NOT NECESSARY EITHER for this kind of shot.

skieur

skieur · Nov 1, 2007

Big Mike said:
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

Well, you are getting closer to accuracy but you need a model release for ADVERTISING use, NOT commercial use when the shot is taken of a person in a public place.

skieur