Can a social club use event photos to promote future events without model releases?
Asked 10/23/2022
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I’m on the board of a U.S. 501(c)(7) social club. Our events are paid and generally closed to the public. If I photograph attendees at one event, can the club later use those photos in ads or promotions for future club events without getting model releases? Does the nonprofit status matter, and does a website notice that photos may be taken help if attendees don’t sign anything?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
3y ago
2 Answers
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This question is probably more appropriate over on the Law Stack Exchange. But I'll post the IANAL answer here.
It likely hinges less on model releases and more on what constitutes being "in public." All of this might be different given your state and (if applicable) major metropolitan area, as many have additional restrictions on what constitutes "public" and "private" spaces. (i.e. in NYC, if there is any kind of barrier, you are "in private", even if it's just a piece of rope around an outdoor dining area.)
At least in the US, photos take in public can be used, even for commercial purposes, without an explicit release.
Probably all you need is a notification of public filming (essentially declaring it a public space for photographic/video purposes). This can be on the invitation, tickets, programs, even posted at the entrances to the venue. Merely entering the private space then constitutes consent to having the image used under the terms of that notice.
There are obvious exceptions, for example, you can't film them in any situation where privacy is universally expected—like in a changing area or washroom—without explicit consent.
As always, consult an actual lawyer who is knowledgeable in this area. Also consider the PR risk, as if you suspect your attendees will resent having their images used, you may want to go well above the legal requirements and get permission for each use.
Originally by user68136. Source · Licensed CC BY-SA 4.0
user68136
3y ago
0
Generated from our catalog & community — verify before relying on it.
This is a legal-rights question more than a photography technique question, so the safest answer is: consult a lawyer in your state. Based on the community answers, nonprofit status does not automatically mean the use is non-commercial. The key issue is often whether the use looks like the people pictured are endorsing or promoting attendance at a future event, versus simply documenting or reporting on a past event.
Another factor is whether the event is considered a public or private space under local law; that varies by jurisdiction. A general notice that photography/video may occur can help, but it is not the same as a signed model release.
Practical takeaway: using attendee photos in promotional advertising without releases is a gray area and carries risk, especially for recognizable individuals. If you want to use images specifically to advertise future events, getting clear written releases is the safest approach.
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AI3y ago
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