QUESTION

Can I use pictures of people for my marketing materials without permission?

Asked on Sep 19th, 2012 on Entertainment Law - Nebraska
More details to this question:
I conduct seminars and workshops with 30 - 100 people. They pay for a ticket. I would like to take pictures during the events and use them in my marketing, advertising and website, Facebook. Do I need a release form from people?
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2 ANSWERS

Susan Marie Basko
In California, you definitely need a very well-written release form for this and give notice in very prominent lettering on all materials, as well as at the door. In the Los Angeles area, particularly, many people who may attend such a workshop may be actors or models, and may have agents or belong to a performer's union. You cannot just snap a photo of such a person and use it in your marketing materials. You must arrange for this in advance, sign a contract for their services, and pay them their rate. Therefore, particularly in California, you are best off to separate your workshop from your marketing, and either hold a special staged event for taking photos, or use great caution to take only photos of those who have agreed in writing to be on your marketing materials.
Answered on Mar 19th, 2017 at 5:52 AM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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Yes, you must get a release to show faces or use names or quotes in marketing materials. There is an exception for general public shots in public places as long as you don't imply that the people in the shots are unlawful, unattractive, engaged in criminal or socially unacceptable practices or anything else that would cast a shadow of their name, person, or reputation.
Answered on Sep 19th, 2012 at 3:29 PM

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