Photographs without consent

[Yorkie580]

If an organisation takes photographs of people, do they need permision of the people in the photographs in order to use them for publicity?

I'm thinking of say an Outdoor Centre where both school groups and members (kids and adults) take part in land and water activities. If photos are taken, could those photographs be used in publicity brochures/posters in order to advertise the centre? Would permission need to be sought?

Any links would also be appreciated in addtion to advice - the issue is going to be discussed shortly at a meeting.

[Buenchico]

(2-part post):

Actually, in terms of taking photographs (rather than publishing them, it's the location of the photographer, rather than the subjects, which applies.

With very few exceptions (which are covered by such diverse legislation as the Official Secrets Act and the Sexual Offences Act) anyone is free to photograph who, or what, they like as long as the photographer is in a public place (or if they're in a private place with the permission of the owner to take photographs). It's perfectly legal for someone standing on a public footpath to take a photograph of someone in their garden, or to photograph them through a window of their house.

[Buenchico]

The publication of a photograph, for commercial purposes, is a bit of a grey area when it comes to considering whether the permission of those in the photograph is required. Photographers are sometimes advised to get those in the photographs (or their parents, in the case of minors) to sign 'model release' forms to avoid any element of doubt. However, this is not obligatory. The publication of such photographs (with or without a model release) would never breach any criminal laws. If the person in the photograph believed that they should be paid for the use of their image (i.e. they've been used as a 'model') they could sue, through the civil courts, for payment but, in practice (unless they've got a famous face, e.g. David Beckham) the amount that could be claimed (if anything) would be tiny (�20 to �100 perhaps?) while the costs of bringing such an action could run into tens of thousands of pounds.

If you're planning to use shots, taken at your outdoor pursuits centre, it would probably be wisest to ask permission from the group leaders, purely as a matter of goodwill. (i.e. it's extremely doubtful that the use of the photographs would bring any legal problems but it would obviously be unwise to upset your clients if you want them to bring more groups to your centre).

Chris

[Yorkie580]

Thanks for your answers - greatly appreciated.