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Legal questions


Denes Avatar
Denes 4
17 Mar 2019 9:08PM
I was hired to photograph a large church full with people. The photo will be used by the company who built the church. I have the church's permission.
It is impossible to get individual release from 3 thousand people.
How do I cover myself?
Tianshi_angie Avatar
17 Mar 2019 10:12PM
If this was open to the public and not an 'invited' event then I believe you do not need to worry. Football crowds are photographed continually and there is no consent required from them. I believe if the Church is a public place then you are OK. And I would also guess that if there is any come back it will be aimed at the company which employed you.
thewilliam2 Avatar
thewilliam2 6 1.7k United Kingdom
17 Mar 2019 11:16PM
Would any normal person object to being shown inside a church? It's not as if it's a brothel.
rhody Avatar
rhody 20 2.8k 2 United Kingdom
17 Mar 2019 11:58PM
An interesting explanation of when and why you need model release forms can be found here.

When do I need a model release form?
thewilliam2 Avatar
thewilliam2 6 1.7k United Kingdom
18 Mar 2019 10:44AM
Thanks Rhody, that'll be very useful for our American readers but US law doesn't apply in the UK - yet.

Apart from the Release, a photograph can also be used to libel somebody so we need to be careful.
rhody Avatar
rhody 20 2.8k 2 United Kingdom
18 Mar 2019 10:59AM

Quote:Thanks Rhody, that'll be very useful for our American readers but US law doesn't apply in the UK - yet.

Apart from the Release, a photograph can also be used to libel somebody so we need to be careful.



It was written by a UK photographer to help people understand the mess they can get into by not considering who is in their photographs. Commercial photography is different.
If people don't want to be in a photograph and they can be clearly identified - it is always best to get a model release form or provide a statement that an event will be photographed and if you don't want to appear in the images - tell the photographer.
People confuse a public space with areas that the public have access to. They are not the same. The owners can apply conditions to taking and using photographs on their land for commercial purposes.
The National Trust locked the gates to one of their sites last year because a pro photographer was holding photoshoots and charging students for tuition on NT land and around NT buildings. He did not bother to ask permission, seek consent or pay them for making money out of their resources.
You cannot just turn up at a theatre and expect to take photographs whenever you want.
It is a minefield of misunderstanding which can trip up the unwary.
keithh Avatar
keithh 19 25.8k 33 Wallis And Futuna
18 Mar 2019 12:04PM
The OP doesn't say which country they are in. However, the basic rule of thumb would be the same. You are covered as you have permission from the organisers. They, on the other hand, would have to let attendees know that there will be as photographer at the occasion and how the photos will be used. Anybody not wishing to have their image used (and there can be many reasons, some of them legal) can choose not to attend or let the organisers know.
thewilliam2 Avatar
thewilliam2 6 1.7k United Kingdom
19 Mar 2019 9:25AM

Quote:The OP doesn't say which country they are in. However, the basic rule of thumb would be the same. You are covered as you have permission from the organisers. They, on the other hand, would have to let attendees know that there will be as photographer at the occasion and how the photos will be used. Anybody not wishing to have their image used (and there can be many reasons, some of them legal) can choose not to attend or let the organisers know.



When people attend a sports event, they should have a reasonable expectation that they could be photographed or filmed because TV coverage generally shows some crowd scenes. Would this be the case at a church service? Might the law regard it as similar to a published photograph of people leaving a Special Clinic?
keithh Avatar
keithh 19 25.8k 33 Wallis And Futuna
19 Mar 2019 12:35PM
Its exactly as I wrote and you quoted.

However, in the real world, most people couldn't afford to take anybody to court over it. As for walking out of a special clinic - even then you'd struggle to prove a 'reasonable expectation of privacy', if the exit was onto a public highway.
thewilliam2 Avatar
thewilliam2 6 1.7k United Kingdom
19 Mar 2019 1:59PM
Many years ago, I did take pictures for our church while a service was in progress. The Pastor announced what I was planning to do, explained what the pictures were to be used for and he gave an indication of how long it would take. Nobody wanted to leave while I was snapping away!

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