Legality of insisting people be photographed

Cavehill Red

A group I'm a member of has started adding a paragraph to its events advertisements which runs along the lines of "Attending this event grants us the right to use any images of you taken at the event".
Now, I mightn't want my picture taken and then used for promotional or advertising purposes, but I'd like to attend the event. What's the legality here?
Do I inform them in advance in writing that I don't want my picture taken? (And then maybe get told I can't come?)
Do I say to the photographer on the night that I don't want my picture taken? (And potentially have him do it anyway? - I know who'll be taking the pictures and he's an amateur wannabe with an attitude.)
Do I simply put it out of my mind in the hope that no pictures are taken with me in them? And if one is published somewhere, would I then have any rights to have it removed, or reason to pursue redress?
Do they need a release form, or does sticking this sort of statement in their event advertising count as a binding clause that grants them the right to take pictures of me and use my image?

Paulw

Your basic choices - attend and have your photo taken/used or don't attend.

By attending, you are granting them the right to take/use the photo, as they have previously notified you of this.

But, you can always request that they do not use an image of you, or request the same of the photographer, but this is then their choice.

Speak to them. Most are just fine with such things, but it can depend.

Effects

Just wear a balaclava to the event.

DaireQuinlan

Effects wrote: »

Just wear a balaclava to the event.

or turn it into a Colour Run ! That'll scare the photographer off

In seriousness though, communication is the key. I'm sure if you just requested that no pictures of you were used they'd be ok with it. The paragraph is a catch all designed to cover their asses.

Corkbah

its more than likely they want to be able to put up a picture on facebook or their own website which shows the speaker and a group of people in the background or vice-versa.

best thing to do is contact them and ask - and if they insist thats the way - you can inform them that you will not attend if they are insisting on using your image to advertise their service and you will also be telling others who normally attend to boycott also....if enough people boycott the attitude will change.

be prepared to be the only person boycotting as most people probably don't realise the attendance is on condition that they can photograph you and use it for promotional purposes.

as was already mentioned you could wear something silly - like a wierd hat or ballyclava but they would only draw attention to you.

Are you paying to attend this event ? or is it a free event ?

On the legal side of it ...the organisers are stating the terms of entry - its your choice to agree to terms of entry/attendence or not to attend, if you disagree with the terms - dont enter !

Cavehill Red

Well, I could state that entering my home makes you my slave or something, and hang it outside my door thus informing people in advance, but contract law doesn't override legislation.
That's why I'm asking what the actual legality is here. Is it sufficient to simply say "attending this event grants us the right to take your picture and use your image as we see fit"?
The reason I'm asking is because plenty of people are upset that this has been introduced and see it simply as a method for the amateur photographer to use the group to boost his own profile and portfolio as a photographer, since there is no obvious benefit to the group.
The chap otherwise contributes a lot and this was introduced at his request. It would be a lot easier to hide behind legality in reversing this than it would to bluntly refuse.

Wabbit Ears

What the alternative to the blanket permission, every time he takes photos at an event he individually tries to contact the people in eack and every photo and ask if its ok to display the image on a website etc?

Cavehill Red

Wabbit Ears wrote: »

What the alternative to the blanket permission, every time he takes photos at an event he individually tries to contact the people in eack and every photo and ask if its ok to display the image on a website etc?

It's not about displaying images on a website so much as this one guy using them for his own portfolio and potentially selling them on for publication to further an attempt to become a pro photographer. There's been one instance where he sold on pictures to a newspaper which put a lot of people's noses out of joint, since he pocketed the cash. Previously, the group provided images to the press for free.
The alternative, previously, was that anyone present just took pictures if pictures were thought necessary. There are a couple of talented photographers who would bring cameras along, and plenty of people with iphones etc. There were never any shortage of images if they were needed from multiple sources, and in any case, the group doesn't really do self-promotion in that way, so there's a disputable need for them to have a formal photography agreement in the first lace.

pwurple

The legality, as far as I am aware from assisting photography at a couple of events, is that if you are in a public place, you have no right to privacy. Ie you can be photographed in public without anyone needing any permission. if you are in a private space it is required.

If this group is meeting in a private space, then this may be their way of gaining that permission. If it's in a public space, they don't need it, but might be asking anyway, as a courtesy.

Cavehill Red

No, the events are always privately located. I'm aware of the provision that adults have no photographic privacy if in public spaces.

Paulw

It sounds like a condition of entry to the event/premises is to agree to the terms specified.

So, legally, they can do it, since they are advising you of the terms in advance.

But, your best bet is to just talk to them.

DaireQuinlan

pwurple wrote: »

The legality, as far as I am aware from assisting photography at a couple of events, is that if you are in a public place, you have no right to privacy. Ie you can be photographed in public without anyone needing any permission. if you are in a private space it is required.

If this group is meeting in a private space, then this may be their way of gaining that permission. If it's in a public space, they don't need it, but might be asking anyway, as a courtesy.

regardless of where the events are located they still need permission to use the photographs for commercial purposes, advertising for example. I assume putting up facebook pages publicising the events would be regarded as such.

Cavehill Red

DaireQuinlan wrote: »

regardless of where the events are located they still need permission to use the photographs for commercial purposes, advertising for example. I assume putting up facebook pages publicising the events would be regarded as such.

This is the crux of what I'm asking: does simply saying "Attending this event grants us the right to use any images of you taken at the event" on the advertising count as legally binding attendees to granting permission for their images to be used?
It's not part of the booking mechanism for events - just the advertising of them. IE there's no part of booking attendance at events which involves ticking a box or signing something agreeing to grant permission to be photographed or anything likes that.

Paulw

Only a qualified solicitor could give you definitive advice.

Cavehill Red

I'm not seeking legal advice. I'm just seeking information about the law. They're not the same thing. If I was unsure about, for example, the law relating to an aspect of motoring, I'd imagine a traffic garda or a professional like a taxi driver or lorry driver would likely have a good insight into what the story was.
I was hoping that some of the professional photographers here would have an idea as to what the story is in this instance.

Borderfox

If you are on private land and a stipulation of entry is you could be photographed I would imagine it would be only in an editorial version because if its in a promotional or advertising way then a model release is needed, they land owner can put whatever they want on the entry condition but you cannot by acceptance contravene common law (I think )

Cavehill Red

Borderfox wrote: »

If you are on private land and a stipulation of entry is you could be photographed I would imagine it would be only in an editorial version because if its in a promotional or advertising way then a model release is needed, they land owner can put whatever they want on the entry condition but you cannot by acceptance contravene common law (I think )

Thanks, that would be my layman's understanding too, especially if there is no specified clause of agreement as part of the booking contract for attendance. But I'm just not sure.