Leagality of taking photos??

[wgp1987]

Hey everybody,

I take photos and video at conventions for my friends company. I take photos and video of people at the show standing in line and that are looking at his table. He then uses the media to form a recap that he posts on his website and social networks. I know for movies and tv shows people have to sign releases does he have to do the same or because they are attending a convention their is no rights issues? We haven't had any complaints and hope there isn't any problem with doing that. Does anyone know about this stuff??

 

[Malone]

The Photographer's Right This may be of some help. From what I understand (someone correct me if I'm wrong) that a release isn't necessary unless the photo/videos are used commercially or for profit.

 

[Kerbouchard]

I would say it was borderline and probably on the side of you losing a lawsuit. By using photos of people who are recognizable for advertising a product, you are opening up a whole can of worms.

Implying an endorsement to a product or company without a release and consent is illegal, and depending on the product your friend is selling, could even end up on the criminal side as well as the civil side.

In any case, if the people are attending a convention and are purchasing tickets, there are a lot of venues that will add a photo waiver to the back of the ticket stub saying that any photos can be used for promotional purposes. It really all just depends. The biggest thing that sticks out on this one is that your friend is using the photos to endorse his business. That would generally require a release.

Obviously, the best advice anybody can give you is to consult a local attorney.

The Photographer's Right This may be of some help. From what I understand (someone correct me if I'm wrong) that a release isn't necessary unless the photo/videos are used commercially or for profit.

You are right, but in this case, the OP is taking photos and the friend is using them to imply an endorsement or a sense of popularity for his business. That could easily be classified as being used commercially...

 

[Village Idiot]

I would say it was borderline and probably on the side of you losing a lawsuit. By using photos of people who are recognizable for advertising a product, you are opening up a whole can of worms.

Implying an endorsement to a product or company without a release and consent is illegal, and depending on the product your friend is selling, could even end up on the criminal side as well as the civil side.

In any case, if the people are attending a convention and are purchasing tickets, there are a lot of venues that will add a photo waiver to the back of the ticket stub saying that any photos can be used for promotional purposes. It really all just depends. The biggest thing that sticks out on this one is that your friend is using the photos to endorse his business. That would generally require a release.

Obviously, the best advice anybody can give you is to consult a local attorney.

The Photographer's Right This may be of some help. From what I understand (someone correct me if I'm wrong) that a release isn't necessary unless the photo/videos are used commercially or for profit.

You are right, but in this case, the OP is taking photos and the friend is using them to imply an endorsement or a sense of popularity for his business. That could easily be classified as being used commercially...

Ne he's not. He's providing a free service of producing a video so people can remember the lovely times at their conventions.

 

[Kerbouchard]

Ne he's not. He's providing a free service of producing a video so people can remember the lovely times at their conventions.

Definitely an interesting interpretation...

 

[Village Idiot]

Ne he's not. He's providing a free service of producing a video so people can remember the lovely times at their conventions.

Definitely an interesting interpretation...

:er:

I'm not a lawyer, but I passed a Holiday Inn Express 2 weekends ago.

 

[tirediron]

You are asking a legal question. This is an Internet forum.... spend the $100 and ask someone who is actually qualified to answer this question!

 

[johnh2005]

You are asking a legal question. This is an Internet forum.... spend the $100 and ask someone who is actually qualified to answer this question!

I agree with this. While you might very well get a few good answers here, your friend really should consult a lawyer for this. If he is in business and doing well enough to be setting up shop at a convention then he should have enough cash to spare a couple of hundred to ask this of a lawyer. It will cost him a LOT less than if someone took offense and pressed civil or criminal charges.

 

[KmH]

From what I understand (someone correct me if I'm wrong) that a release isn't necessary unless the photo/videos are used commercially or for profit.

Actually, if profit is not involved it would legally be a civil matter, but still actionable. If profit is involved, it is then a criminal matter.

The notion that not having a profit motive grants absolution is a persistant, but erroneous, urban legend.

Keeping true to form I need to let everyone know that there is a book available that is more in-depth: A Digital Photographer's Guide to Model Releases: Making the Best Business Decisions with Your Photos of People, Places and Things

I also recommend reading: http://communications-media.lawyers.com/privacy-law/Photography-or-Video-Taping-Consent.html

 

[wgp1987]

Anytime we take someone's photo "endorsing" their product we ask if theyd like to be on our website before we hand them the product and everyone usually holds the product up and smiles. People who say no, we don't take their photo.

Other photos that are taken are used in a "recap" article that is posted on the site. Not necessarily for endorsement but the article is written in the perspective of the company.

Legal consult costs money that they don't have even if it's only $100. They are a very small company. When the funds are available that would be a justifiable expense. I was hoping someone would have experience with this subject to help out. Thank you for any and all insight

 

[KmH]

Legal consult costs money that they don't have even if it's only $100. They are a very small company.

The book is only $20, but someone has to read it.

 

[Village Idiot]

Look at it this way, if $100 is too much now, how about thousands later when some ambitious person decides they want to sue the company for using their likeness. Even if they don't win, you have to spend money in legal fees. How much is piece of mind worth?