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Can you use a photo of a person without permission?

By Becky McCray

Photos and videos of your customers or visitors can be compelling. But before you use a photo of person, you want to think about legal issues.

#gogranny has the crowd star struck at #bwela
Did anyone get a photo release form?

I’m not going to wade into the legalities, but I will link to someone more qualified than me: Stanford University Libraries Copyright and Fair Use page. For tourism groups, some uses may qualify as informational use, and not require a release. But it’s very easy to start getting releases for photos you take.

How to get a release/permission

First, go find an example of a photo permission form.

  • Template for Microsoft Word
  • Sample at PRHelper
  • Simple example from a library

Next, make it fit your situation. Make it as simple and easy to read as possible. Put it on index cards or on slips of paper. Ask customers or visitors to sign it right before or right after you take the pic. Sneaky tip: You’ll never forget who signed if you shoot a pic of them signing it, or holding it after they sign it. If you already have a contract or form guest or customers must sign, put the photo release in that.

Finally, make sure you you always always get them signed. One PR person for a Nebraska botanical garden told me she never leaves the office without her clipboard that includes photo release forms. It’s a habit you should cultivate, too.

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About Becky McCray

Becky started Small Biz Survival in 2006 to share rural business and community building stories and ideas with other small town business people. She and her husband have a small cattle ranch and are lifelong entrepreneurs. Becky is an international speaker on small business and rural topics.
  • Downtown is your town’s core: How to make your case - February 22, 2021
  • Zoom Towns: attracting and supporting remote workers in rural small towns - December 10, 2020
  • In an economic crisis, spend your brainpower before your dollars - November 25, 2020
  • Video: How to fill empty car dealership buildings for the holidays - November 6, 2020
  • How has 2020 changed the challenges rural small towns face? Tell us here - October 20, 2020
  • The Idea Friendly Method to surviving a business crisis - October 6, 2020
  • Join me for the Rural Renewal Symposium online Oct 13 - September 26, 2020
  • Cheap placemaking idea: instant murals - September 11, 2020
  • Refilling the rural business pipeline - July 7, 2020
  • Huge vacant buildings: grants to renovate? - June 9, 2020

December 13, 2011 Filed Under: tourism

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Comments

  1. David says

    December 13, 2011 at 5:25 pm

    One thing I do when I record an informal video is ask the person *on camera* if it’s Ok to use this recording. I will do it before or after the interview, depending on the situation.

    It’s usually better to get permission in writing, but a recording of someone answering a question holds a lot of weight. Lawyers like paperwork and a signature says a lot in our culture.

    Some top reasons you ask for permission…

    1) it makes it clear what you are asking for
    2) it gives the two parties a chance to communicate
    3) it saves the party who’s recording a ton of work if the party recorded changes their mind

    Great post!

    -David

  2. Becky McCray says

    December 13, 2011 at 5:26 pm

    Excellent tips, David. Thanks for sharing!

  3. Mark Riffey says

    December 13, 2011 at 6:41 pm

    For iPhone users, this signature capture model release app might come in handy (not affiliated with it or the author):

    http://itunes.apple.com/us/app/easy-release-model-release/id360835268?mt=8

  4. Becky McCray says

    December 13, 2011 at 6:46 pm

    Mark, that really makes it easy to always have forms with you! Thanks.

  5. Easy Release says

    December 13, 2011 at 10:50 pm

    Easy Release is also available for Android: http://applicationgap.com/apps/easyrelease/

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