sticky situation? photographing architecture and people

[fortknoxout]

I work for an architectural firm and have been grappling with a multifaceted issue. Up until now, the firm has played pretty fast and loose with photos of the buildings we have designed, often including people and children. I feel obligated to get clarity on these issues, and my gut tells me that since we are using these images in proposals, awards submissions and ads that I need permission not only from the building owner, but also from the people appearing in the images. Most of the time, we just drop by and may or may not call the institution's marketing department in advance. Here are a few scenarios...what should I be doing in each of these cases? Is verbal permission enough and from who if the subjects are minors? when do I need written permission?
1) private school dormitory interior and exterior photos including underage students
2) hotel/waterpark including hundreds of people -- would I need permission from everyone?
3) restaurant/bar with people of various ages

 

[tirediron]

Verbal contracts are indeed binding (usually), but in real world terms, they are generally worth the same as the paper on which they're printed. Since we're obviously not talking about a small issue here, I would strongly suggest consulting a local attorney specializing in IP & copyright law so that you get a legal opinion, not some guesses from a bunch of yahoos on the Internet.

 

[ronlane]

I would strongly suggest consulting a local attorney specializing in IP & copyright law so that you get a legal opinion, not some guesses from a bunch of yahoos on the Internet.

+1 this. But John, just so you know, I'm no yahoo, I'm a googler

 

[KmH]

Yes. Your architectural firm is well advised to seek counsel from an attorney(s) qualified in publication and release law requirements in Vermont.
While copyright law is federal law, publication and release laws vary by state.

You might find this helpful, though you need information specific to Vermont and any other areas where the firm advertises. - Shutterbug Magazine Interviews Three Attorneys on Copyright & Privacy Rights | Photo Attorney

I can also recommend - A Digital Photographer's Guide to Model Releases: Making the Best Business Decisions with Your Photos of People, Places and Things

 

[tirediron]

I would strongly suggest consulting a local attorney specializing in IP & copyright law so that you get a legal opinion, not some guesses from a bunch of yahoos on the Internet.

+1 this. But John, just so you know, I'm no yahoo, I'm a googler

Well.. Excuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuse me!

:greenpbl:

 

[ronlane]

I would strongly suggest consulting a local attorney specializing in IP & copyright law so that you get a legal opinion, not some guesses from a bunch of yahoos on the Internet.

+1 this. But John, just so you know, I'm no yahoo, I'm a googler

Well.. Excuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuse me!

:greenpbl:

You are excused. It would have been REALLY bad to called everyone a binger

 

[vintagesnaps]

Your gut feeling is probably on the right track. Usually the guideline is if the people in the photos are recognizable but since it's for a company I agree it would be better to get legal advice.

I use American Society of Media Photographers for resources and guidelines , that may give you some info. but probably wouldn't be enough for the company to be protected depending on usage of images.

 

[snowbear]

+1 this. But John, just so you know, I'm no yahoo, I'm a googler

Well.. Excuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuse me!

:greenpbl:

You are excused. It would have been REALLY bad to called everyone a binger

Not to mention what to call those that use Dogpile.