Legalities regarding posting photos online taken at a private event?

Question

I operate a Photo Booth company, and a service we offer is posting of all the photos taken at the event online after the event. I know that pictures taken in public can be posted freely, but since we are at private events does that change the legalities of posting the photos? Do the terms in my booking agreement cover posting photos online or is that something that needs to be done by individual guests? Any insight would be appreciated! Thank you.

Answer 1

Is there a sign anywhere that says where the images will be posted? Why are you posting them on line int eh first place?



Photos taken where the people in the photo have an expectation of privacy (like at a private party) are not for public viewing. You can set up a private page to share the images with only the people from the event. Then people can download (or buy) the individual images and do what they please with them.

Answer 2

Your question is not very clear. Do you want to post the pictures for your benefit (advertising) or just publicly post a folder of say John's Party so his guests can go into it and choose photos they may want to buy?



Since the photos are of a private party, I personally would put them into private folders which require a password to get in. The host/hostess should be given this password, and s/he can give it to any interested guests. This insures the privacy of your client(s) and their guests. Make this feature available on your company website.



As far as posting them to your site for advertising purposes, don't even think about it. Despite what your booking agreement may say, using a photo of someone without their permission for advertising will cost you big. Then there is the issue of who actually owns the copyright. The law says the photographer does. The question here is who is the photographer? You, the client, or the person who activated the camera (which is the person normally considered the "photographer")? Your agreement might state you own the copyrights, but I don't know that I'd want to defend that in court.



If you want advertising photos, either get the people in the shot (all of them) to give you releases or set up some shots yourself. Hire a few models/actors, have them sign model releases and shoot your own images. This way you're sure.

Answer 3

Read all the answers here and have to say.... too many give too much information and share too much. You don't have to be unfriendly or antisocial or unkind to value something many others have forgotten... privacy. The whole world isn't friendly and many will use pictures and information for other purposes. I don't see a need to post anything more personal to a public I don't know. I think it's wrong of other people to ignore your feelings and go against your wishes on this. It's not their life or pictures to make those choices about. I have shared a photo and some information, but only with those I have gotten to know really well and not on a public site.

Answer 4

"Do the terms in my booking agreement cover posting photos online or is that something that needs to be done by individual guests?"



Errrrr, how are we supposed to know that without seeing the terms you are using!!!



But......

Ensure in your terms there is a section detailing how/where the images will be posted and why.

Have a notice posted outside the booth advising people their images will be on-line and by using the facility they are agreeing to that.