What Are the Legal Requirements for Web Photographs?

[WackyD]

I have been asked to change photo images on our web site ( a local business group) from the canned images that the web designer used to actual photos of members of the organization. This could be a good idea but also could I think cause problems. One individual has suggested that if we got a "Standard model" release for individuals in the photos that would be all that is required. I would like to get ideas on the best way to proceed. We have about fifty members but only spots for five to seven photos.

[ken1953]

Hi WackyD...If you're going to be taking pictures and the people know they are going to be put on the web, before the picture is taken, then I'm not sure you'd need a model release, since it is a "business group" site. Those who don't want their pics on the site could just say no to the pic being taken.
However, to err on the side of caution, it might be in your best interest to have them sign a simple release.
I can't imagine too many "businesspeople" who are trying to drum up business who would be adverse to their pic being displayed.
Just my thought,
Ken

[Photo-John]

I'm with Ken on this. It seems like a gray area. But getting a release would be the polite and friendly thing to do. Generally, the rules are, if it's for editorial no release is necessary. And if a photo is going to be used to sell or promote something, you need a release. As I said, your purposes seem to fall somewhere in between. But if you get a release from each person, there will be no need to worry about it.

[Asylum Steve]

Generally, the rules are, if it's for editorial no release is necessary...

This is called Implied Consent, and is the reason photogs shooting editorial for newspapers and magazine features do not need to get releases...

As long as you haven't misrepresented yourself, the subject, by allowing themselves to be photographed, understands that the images are eventially going to be published.

Now, whether this project falls under that I can't say. The advice to get a simple general release from the subjects is sound...

[jspot1980]

What about if you are photographed without your knowledge or consent? Can you come after someone who defaces you?