Using Photos for Marketing?

CSBJ

I'm sure this has been asked to death but I couldn't find anything on it. Hopefully someone might be able to clear things up for me.

Basically work had some events recreantly in which myself and some co-workers took pictures of. These events took place both in public spaces and on private property (with the owners knowledge and consent). Now we would like to use some of these photos in some publicity and marketing material (mostly our website, social media, etc).

I have a few doubts as follows:

1. Do we have to get consent from the people in the photos to use them. I know copyright of the image stays with the photographer but are things different as they are technically being used to market a commercial organisation?

2. If consent is required, is it enough to put something in T&C that outlines what the photographs can be used for or is explicit consent required.

3. Does the fact that some of the photos contain children (12-18 years old) effect points 1 and 2?

Finally can anyone point me towards some further reading on this issue or even tell me what sections of the law apply.

Thanks in advance.

Wabbit Ears

Who are the people in the photos? Are they guests of the event, employees or randomers? A and B, Id say no, C Id say you shouldn't use any image where they are recognisable.

Where possible, ALWAYS ask for consent, required or not, its just good form.

AnCatDubh

To take a non copyright view of it, data protection suggests that use is only with consent;

When do these rights apply?

You have the right to data protection when your details are:

held on a computer;
held on paper or other manual form as part of a filing system; and
made up of photographs or video recordings of your image or recordings of your voice.

link

and in relation to use of an image (company based intranet / internet)

A photograph of a person is their personal data and therefore any use of that photograph must be in accordance with the Data Protection Acts. This normally means that the person must give their consent to such use.

link

Give the office of the data protection commissioner a buzz to clarify its application. They are very approachable and knowledgable on their help desk.

ScumLord

Technically you should have gotten consent from everybody in the photos. If it's posed photos where you stopped people and asked them to take a photo I'd say you're ok, especially if you said to them it's going on our facebook page or newsletter. The people sort of consented by posing, I never see press photographers asking people to sign a consent form at events, but they do say what it's for.

If you're taking photos of people without them knowing, say an overview of the room where you can make out peoples faces and using it in official publicity people may well get upset by that. A picture on a brochure can be around for a long time and maybe the person in the photo doesn't want to promote someones product.

I've taken photos of stands at shows like the ideal homes and I try very hard to avoid faces, when there is a face I blur or pixelate it as subtly as I can.

It's not just about staying inside the law for a business, it's about not upsetting potential customers.

CSBJ

Thanks for the info so far.

Wabbit Ears wrote: »

Who are the people in the photos? Are they guests of the event, employees or randomers? A and B, Id say no, C Id say you shouldn't use any image where they are recognisable.

Where possible, ALWAYS ask for consent, required or not, its just good form.

The people in the photos are nearly all customers who paid for or were invited to the event. Of course wherever possible we will get explicit consent but at some of these events there were 100+ people and it just wasn’t possible. However it was clear that we were staff and taking pictures.

AnCatDubh wrote: »

Give the office of the data protection commissioner a buzz to clarify its application. They are very approachable and knowledgable on their help desk.

I´ll give them a call for some clarification as there really isn’t much info on their site other than what you linked to.

ScumLord wrote: »

Technically you should have gotten consent from everybody in the photos. If it's posed photos where you stopped people and asked them to take a photo I'd say you're ok, especially if you said to them it's going on our facebook page or newsletter. The people sort of consented by posing, I never see press photographers asking people to sign a consent form at events, but they do say what it's for.

If you're taking photos of people without them knowing, say an overview of the room where you can make out peoples faces and using it in official publicity people may well get upset by that. A picture on a brochure can be around for a long time and maybe the person in the photo doesn't want to promote someones product.

I've taken photos of stands at shows like the ideal homes and I try very hard to avoid faces, when there is a face I blur or pixelate it as subtly as I can.

It's not just about staying inside the law for a business, it's about not upsetting potential customers.

No not all were of people posing (e.g. group of people playing a soccer game).

Like I said before, for our brochures, etc. our graphic designer always uses pictures from ShutterStock, Getty, etc. My question really is related to using them on our Facebook, a newsletter, etc. Would this be considered editorial (informing our customers about how the events went) or is it considered commercial (good PR = better profits)? Of course if requested we wouldn’t even hesitate about taking an image down, I just want to check if it’s actually aloud.

ScumLord

CSBJ wrote: »

Like I said before, for our brochures, etc. our graphic designer always uses pictures from ShutterStock, Getty, etc. My question really is related to using them on our Facebook, a newsletter, etc. Would this be considered editorial (informing our customers about how the events went) or is it considered commercial (good PR = better profits)? Of course if requested we wouldn’t even hesitate about taking an image down, I just want to check if it’s actually aloud.

I'd say that's ok, Facebook is a bit of a grey area at least when it comes to peoples expectations. It will roll off the front of the page eventually and if anyone doesn't like seeing themselves they can do as you say and ask to be removed. I don't think they'd jump to calling solicitors as quick as they would if they saw themselves in the national newspaper.

I'd say if you can select pictures where it's hard to make out any particular individual but even if you can I wouldn't worry too much. If people were there for work they probably don't mind being in pictures as most people are in a self promotion frame of mind at these kind of events.