NDA - Photograph in a Public Area

[johnxp]

Hi,

If there's a public event (not on a private property) with media presence, and a photo is taken from the attendees of that event, can that photo be published (without financial gain) in a newspaper without an NDA/agreement from those in the picture? This would be for a story (covering the event) in a local newspaper.

Thanks in advance for your help.

-John

 

[quincy]

Hi,

If there's a public event (not on a private property) with media presence, and a photo is taken from the attendees of that event, can that photo be published (without financial gain) in a newspaper without an NDA/agreement from those in the picture? This would be for a story (covering the event) in a local newspaper.

Thanks in advance for your help.

-John

What is the name of your state, John?

As a general rule, yes. It is okay to publish a photograph taken at a public event, especially when the photograph is being used to illustrate a story of the event.

Even so, most news organizations like to get signed releases from the individuals pictured in their photos. They like to use names to identify the event-goers pictured. Getting signed releases from those who are central to a photo (the focus of the shot) can be smart.

And a signed release will be necessary if the photo has identifiable individuals pictured (as opposed to a crowd shot) and the photo is to be used for a commercial/advertising purpose.

 

[johnxp]

What is the name of your state, John?
And a signed release will be necessary if the photo has identifiable individuals pictured (as opposed to a crowd shot) and the photo is to be used for a commercial/advertising purpose.

Thanks for the response Quincy. Is there an issue if: 1) there's media presence at the event 2) picture was taken of the individuals AND the individuals were identified in the image published in a local newspaper for coverage without a release 3) picture was regarding media coverage of the event 4) not for advertising.

So I guess the question here (and the potential issue) is that the individuals in the picture were identified without a release - but the image is for a news coverage and not for advertising. Is there a problem with that?

The state is California.

Thanks again!

 

[quincy]

Thanks for the response Quincy. Is there an issue if: 1) there's media presence at the event 2) picture was taken of the individuals AND the individuals were identified in the image published in a local newspaper for coverage without a release 3) picture was regarding media coverage of the event 4) not for advertising.

So I guess the question here (and the potential issue) is that the individuals in the picture were identified without a release - but the image is for a news coverage and not for advertising. Is there a problem with that?

The state is California.

Thanks again!

Thank you for providing your state name.

Generally there will be no problem publishing a photo of individuals attending a public event to illustrate a story about the event.

That said, any story that is written about the event should not state or imply anything false or defamatory or even derogatory about people pictured in the photos who attended the event.

And, of course, without a release to use the photo, you will run a risk that those pictured will object to being pictured and decide to sue - not because the suit has merit but just because they can. Fortunately for you, California had a strong anti-SLAPP law that can get a meritless suit dismissed quickly.

 

[johnxp]

Thank you Quincy - very helpful! Greatly appreciate it.

 

[quincy]

Thank you Quincy - very helpful! Greatly appreciate it.

You're welcome, John. I appreciate the thanks.

 

[MichaelRBrya]

Hi,

If there's a public event (not on a private property) with media presence, and a photo is taken from the attendees of that event, can that photo be published (without financial gain) in a newspaper without an NDA/agreement from those in the picture? This would be for a story (covering the event) in a local newspaper.

Thanks in advance for your help.

-John

Generally, It's not a matter of issue to publish anyone's photo and especially if there is a public event.

 

[quincy]

Generally, It's not a matter of issue to publish anyone's photo and especially if there is a public event.

Right. It is "generally" not a problem to publish a photo taken at a public event to illustrate a story about the public event.

However, there are other factors to consider beside the fact that the event is public. What the photo captures and how the photo is used and where the photo is published and what text accompanies the photo ... all of these are important considerations.

For some examples:

A photo that captures a couple attending an outdoor concert in a public park with a story about the concert that is published in the local newspaper should be okay. The photo taken and published of the couple that exposes one person's private areas is not okay. The photo taken and published to advertise a product is not okay. The photo taken and published in a sex magazine is not okay. The photo taken and published to illustrate a story on infidelity is not okay.

And there are many many more examples of "not okays."

So, while "generally" photos can be taken of people attending a public event, what is done with the photo after it is taken plays an important legal role. Getting signed releases from those pictured goes a long way to protecting the photographer/publisher.

People sue. Taking steps to avoid a lawsuit is a smart goal.