Re: Protocol for Posting Photos on Web Sites

by Kimiko Drew <macruimmon(at)earthlink.net>

 Date:  Mon, 02 Jul 2001 10:00:14 -0700
 To:  "hrc101" <hrc101(at)home.com>,
<hwg-graphics(at)hwg.org>
 In-Reply-To:  home
  todo: View Thread, Original
At 08:21 PM 6/29/01 -0500, hrc101 wrote:
>I have been requested by a member of a non profit group for
>whom I am the webmaster to post a group of photos on their
>web site.  Is there a source of protocol which gives the
>rules, laws or ??, about the necessary information,
>permissions, or ??, (from the individuals in the photos)
>that is required or should be obtained prior to the posting
>them on the web site?

Hi Harold

I have been doing the same for several years, and while I am not an 
attorney, this is what I understand.

Copyrights require a release form giving consent by the individuals in the 
photos, if it is for commercial purposes.

What I have seen in practicality on a non-profit site, is that most people 
have no problem giving consent, unless you plan on "selling" your images. 
Hence group or individual photos for non-profit use is normally fine, 
especially if you let them know that their images are online. They will 
want to download them and share them with friends and family. However, the 
photographer should also ask for permission, as some people for various 
reasons may not want their images taken (ranges from work issues to 
personal beliefs).

>Is there a difference of rules pertaining to a photo of one
>individual vs. a photo of a group?

Not that I have noted or read. The more people in the photo, the more 
confirmations the photographer has to do.

According to the lawyer Ivan Hoffman, who has many great articles on his site:
http://www.ivanhoffman.com/photos.html
A person has to give consent for his likeness and name, if it is for 
commercial purposes. The article gives good details on this.

So, to sum: If you are using the photos for commercial purposes, get a 
model waiver form. If it is for non-commercial purposes, just get verbal 
permission to take the photos. Believe me on that one, I have had a few 
threaten to "break the camera" if I take their photo, so I always ask.

And one other thing. If you provide the images on the website, copyright 
the images to the Photographer, and have him be prepared for people to 
download and modify the images as they see fit. It happens to my images all 
the time, so now I digimarc them so I can at least have some controls. Once 
an image goes online, people think they are free domain, when they are not.

hth



Kimiko Drew
macruimmon(at)earthlink.net
http://home.earthlink.net/~macruimmon/
a web designer in The Camarilla
White Wolf's Official Fan Club

Nothing happens unless first a dream. - Carl Sandburg 

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