Can I post Corporate event photos on my blog without model release?

[jinspin]

<p>I am being hired by picnic company to photograph events at the picnic venue for their corporate clients.<br>

So if I get hired to take pictures of these corporate events can I post the pictures on my blog or website gallery portfolio for self promotion? Do I need release form from corporate client or people in pictures? <br>

Is my blog post with photos from the event considered editorial and so then I do not need model release permission?<br>

The picnic company is very concerned about getting sued by corporate clients with me posting pictures of the events on my blog or website. </p>

[john_h.1]

<blockquote>

<p>"The picnic company is very concerned about getting sued by corporate clients with me posting pictures of the events on my blog or website."</p>

</blockquote>

<p> Why? The company isn't the one who will be posting the images on your website.<br /><br />In any event, there is some authority out there that sample work displays are not commercial use and there isn't much likelihood of any substantial harm caused to anyone. Its not like they will be portrayed as endorsing a hate group or something. State laws on this stuff are not uniform however. </p>

[jinspin]

<blockquote>

<p>Why? The company isn't the one who will be posting the images on your website.</p>

</blockquote>

<p>I assume the picnic company does not want to risk damaging their relationship or being threatened with lawsuit with their corporate clients. Also the picnic company was the one that hired me so they probably feel responsible with their corporate clients. <br>

So I would like to relieve them of their fear while being able to post photos from event for self promotion on my blog.</p>

[craig_gillette]

<p>It's likely to be pretty hard to argue a use is editorial if your blog purpose is promoting your business. So let's assume that you do intend to use images in ways that promote your business. I'd expect that you'd need releases. As noted above, different states have different laws on this so competent local legal advice addressing the specifics of your blog uses is always a good idea. </p>

<p>Note that neither the picnic company nor the corporate clients can provide releases for the individual attendees, so you'd need to somehow get about getting releases while working. Awkward at best. And there could well be individuals or customer companies not interested in their images showing up on a promotional blog for a vendor's vendor. And you are right, neither the picnic company nor their customers might be interested in this use of their customer/employee images.</p>

[Marcus Ian]

<p>While there is (most likely) no actionable infringement (depending on the specifics of how you post the pictures of course) in the act you are describing, the fact that ...</p>

<p>"The picnic company is very concerned about getting sued by corporate clients with me posting pictures of the events on my blog or website."</p>

<p>... implies that NOT doing so is probably a better course of action. The picninc company is, after all, your client. Just because you CAN ignore their concerns (which are a little paranoid IMO - though of course I don't know the details of their contract with their clients) with total ignominy, does not mean you should. In this case (as in most), I would respect the wishes of my client, and NOT post the images. After all, do you want to work for them again? </p>

[john_h.1]

<blockquote>

<p>"I assume the picnic company does not want to risk damaging their relationship or being threatened with lawsuit with their corporate clients."</p>

</blockquote>

<p>The question "why?" was merely rhetorical. The follow on indicated that the person displaying the image is the party liable for misappropriation for commercial use if any. Damaging relationships is a different issue though a valid and important concern.</p>

<blockquote>

<p>"While there is (most likely) no actionable infringement"<br /><br /></p>

</blockquote>

<p>Infringement is a copyright term and issue which has nothing to do with whether there is misappropriation for commercial purposes.</p>

<blockquote>

<p>"... implies that NOT doing so is probably a better course of action."<br /><br /></p>

</blockquote>

<p>I agree. Risking damage to the relationship of the picnic company, which may hire you again, seems like a undesirable risk. There are other ways to get portfolio samples in any event.</p>

[Marcus Ian]

<blockquote>

<p>Infringement is a copyright term and issue which has nothing to do with whether there is misappropriation for commercial purposes.</p>

</blockquote>

<p>The term 'infringement' is not defined in terms of copyrights. Just because a term is often <em>used</em> in relation to a specific other item does not mean it is limited to such use. The definition of 'infringement' is as follows: </p>

<blockquote>

<p>in-fringe-ment: [in-frinj-muh nt]<br>

1. a <a href="http://dictionary.reference.com/browse/breach">breach</a> or infraction, as of a law, right, or obligation; violation; transgression.<br>

2. an act of <a href="http://dictionary.reference.com/browse/infringe">infringing</a>.</p>

</blockquote>

<p> As such, the term, used in the context of my post, was specifically relevant</p>

[john_h.1]

<blockquote>

<p>the term, used in the context of my post, was specifically relevant</p>

</blockquote>

<p>Actually, it wasn't. The context of the post is specifically a legal issue. While it may seem like quibbling at first to say, it is important to use the accurate legal terms here. There has been much confusion seen in these forums between copyright and misappropriation. To use legal terms like infringement in a misappropriation situation only promotes further confusion. If you use legal dictionaries and the source law, rather than general use dictionaries, the former associates the term for use specifically with intellectual property.<br /><br />I wouldn't bother pointing this out if it were just trivia, academic or merely for the sake of debate. Lots of people on these forums mix up misappropriation and copyright thinking there are essentially the same or combined somehow. That has resulted in a complete misunderstanding of how misappropriation works which is what this thread asks about.<br /><br />I think we're all on the same page now in any event.</p>

[Marcus Ian]

<p>Yes, obviously, misappropriation IS (kind of) the relevant issue here (certainly more so than copyright). However, the proper use of a specific term does not 'misdefine' the context of the post simply because some people mistakenly choose to only associate a term with one of a myriad of contexts.</p>

<p>...just like if I choose to associate the term 'misappropriation' with ONLY the context of the misuse of a persons image, or likeness. The legal definition does not even specifically refer to that (although it is implied) - it is much, much broader, and I would be silly to universally attribute 'misappropriation' to only those issues... </p>

<p>I have often heard the term 'infringement' & 'infringe' used in a variety of other abstract terms... such as... civil rights, criminal code, property rights (and not intellectual property rights), etc. I have even used the term in legal papers I've prepared (not to do with copyright). </p>

<p>I guess we'll have to agree to disagree, my use of the term had nothing to do with copyrights. Not even sure how one would've gotten that from a reading. All though you are right that I should never assume readers know the actual definitions of big words - I should only ever use those that are small! ;) </p>

 

[stella_martin]

<p>I think that you can post those photos.. because if you are managing the entire work that you can post...</p>

[savagesax]

Are model releases needed for the people you use in the photo's? Was this a private area or public area

party? Be careful. A sticky situation for sure... Be very careful if you use kids. I would never show kids on

your website without a parents OK in writing. We know that the internet goes everywhere. Be careful.

 

Great Question. Keep us posted with what you do and what you information you find.