You can cover your liability for using photos by posting a public notice. Jane Quebe from JP Marketing shared a tip that they recommend to clients: when holding a public event, post prominently in a public place that photos or videos that are taken at the event may be used on websites, social media or advertising. Be sure you take photos of the notices to document that you have posted them.
You should have your own attorneys vet the statement you use, but here’s an example of the text that they’ve used before:
Upon entrance to ____________(event), today, __________(day of week, month, day, year), you hereby give _________(hosting organization) and anyone authorized by such, the irrevocable right to use your name, picture, portrait, photograph and/or video clip in all forms of media, and in all manners, including composite or distorted representations, for advertising, trade, publicity, social networking or any other lawful purposes, without further notification or compensation. You waive any right to approve the finished product, including written copy that may be created in connection therewith. All video, raw footage, and photographs shall constitute ________(hosting organization)’s property, solely and completely.
This may not solve completely the issue of folks who need to not have photos posted, but at least it goes a little way toward alerting folks that they may need to be vigilant. How might this solution work for your organization? I welcome your comments and stories!