Anyone know the legalities of...(?)

[Paradroid]

...the consent needed for using photos of employees in internal publications?



The scenario is a company conference, with photos of the audience being taken at the event, then used in an internal magazine. Then one individual protests at the use of the photo of the audience "cause their in it" (comprising roughly 10 pixels I think ).

There's loads of legal stuff protecting people from publishing in the public domain, and to protect kids etc, but what is the legal position of an employee protecting the use of their image in an internal magazine?!?

We've introduced a disclaimer/waiver to get an individuals consent if it's a single person or a small group photo, but for large groups that was deemed "unworkable" (so we published and were damned).

...it's become an "issue" in my work at the moment, and I just thought someone here might have uber knowledge of such meanderings.




...am I going to have to Photoshop these guys out the photos?

 

[Mofo8]

Hi Gerry.... I've still to give you a call this week

This seems to answer some of your questions

At present, the restrictions are generally moral ones. There is no specific legislation in the UK to prevent photographers from taking pictures which infringe privacy. The restrictions lie in the use of the pictures and even then, there are those who will publish and be damned because the extra sales generated may be worth it financially and the chances of getting anything worse than a slapped wrist are unlikely.

The law of confidence can sometimes be a powerful weapon, but only in restricted and none too clearly defined circumstances. In the UK, photographs of people taken in the street or in a public place are not restricted by copyright law as to use. However, such pictures could be subject to the laws of libel. It is advisable to establish how pictures like these will be used if supplying from stock or on a commissioned basis. If a client intends to suggest that a percentage of a crowd suffer from a debilitating disease, have unnatural habits or are simply divorced and the crowd is peopled with recognisable faces, they could raise a very expensive objection.

It's not a commercial publication so, I'm petty sure you're OK at the moment. Even if it was a commercial publication, it tends not to matter as long as you're not singling someone out without their permission - Look at newspaper photographs of football matches for instance - Do you think they as everyone in the crowd for permission?

There's also a PDF guide on this page, which seems to make clear that in a public place (i.e. you're not using a telephoto lens into someone's bedroom), pretty much anything goes for crowd and large group subjects - especially so as it's intended use is journalistic or editorial (in house magazine? or is it a training publication?)

I suppose if you were ultra paranoid you could insert a small disclaimer or something into any conference programme that may be handed out stating that photographs of the attendees will be taken and the intented use of them.

It's not going to be candid upskirt shots or anything is it? If it is can we see?

 

[Mofo8]

This one's funny... and reasonably local.

http://www.lochwinnoch.info/gallery/Gala-Day-2006/DSCF8092

and again answers some of your questions.

BTW.... are there some people at your work stating that they don't want to be in any photos?

 

[Tom]

it tends not to matter as long as you're not singling someone out without their permission

This is the important bit. The law tends not to be "you need to give permission", it tends to be "don't be bloody silly, you should have expected your photograph to appear"

In a public place, its a free-for-all unless your image is being specifically used to market a product.

 

[evzy]

Simple way around - get the person in a room who is objecting to them being in the photo, sit them down, look calmy at them, lean over and smack them upside the head and tell them to get a fucking grip.

Usually works for me.

 

[rynnor]

On private land you need the landowners permission to take pictures but beyond that pretty much anything goes - its an undeveloped area in english law.

If they really objected couldnt you blur them from the picture - if its too much effort i'd just ignore them.

 

[Paradroid]

Cheers peeps.

Hmm looks like our Gaydar piece will have to go afterall - and you're saying definitely no "Who's the ugliest" competitions then?

 

[Paradroid]

btw this thread constitutes our entire legal defense, so I hope you're all lawyers (or better).