Expectation of privacy

 
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Craig Murphy
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Joined: 20 Mar 2006
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Location: Glens Falls, NY

PostPosted: Mon Aug 17, 2009 3:01 pm    Post subject: Expectation of privacy Reply with quote

I was hired to photograph an event at a private club. A local newspaper asked me for one of the photographs to use in an article about the event. A big group shot of about 250 people. Since this was a private club would there be an issue with me letting the newspaper use the photo? Yes its editorial use but is there any expectation of privacy on the part of members since it is a private club? The scene in question is visible from public property but I was not shooting from there. I was on the clubs property. I know we are not lawyers here but thanks for any thoughts.
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shanekislack
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PostPosted: Mon Aug 17, 2009 3:51 pm    Post subject: Reply with quote

Like Leslie, I'm not a lawyer...but I'd say it's too slippery a slope to approach. In legal matters, my motto is "it doesn't matter if you are right or wrong, but rather can you afford to defend a suit"?
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Leslie
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PostPosted: Mon Aug 17, 2009 10:53 pm    Post subject: Reply with quote

Why not ask the club if they have a problem with it? If the article is positive, they may like the publicity.
-Leslie
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shanekislack
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PostPosted: Mon Aug 17, 2009 11:38 pm    Post subject: Reply with quote

I think he's worried about the people appearing in the photos more than the club. Not sure the club and speak for the people, can they?
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Mark Farrell
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PostPosted: Tue Aug 18, 2009 1:00 am    Post subject: Reply with quote

Towards the bottom of linked page below he talks about work-for-hire and rights to use the images, but the entire page is worth a read. It may be applicable in your case.

http://www.danheller.com/blog/posts/when-editorial-uses-of-photos-require.html
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Jon DeVaul
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PostPosted: Tue Aug 18, 2009 6:29 am    Post subject: Reply with quote

I would be scared that without a model release someone might sue. Maybe there's a married person there who's partying with someone else other than his/her spouse. This person would not be too pleased that these shots were published. I'm guessing that you retain the copyright to the photos...couldn't you be held libel then?

Jon
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James Cook
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PostPosted: Tue Aug 18, 2009 8:06 am    Post subject: Reply with quote

What's missing here is who did you shoot the job for and how does that client feel about it? I think you need to start there.

What agreement did you have with the client as to ownership and reuse of the images?

If you shot for the club they may be quite pleased to have the shot run in the paper as some extra PR. Or they might have some significant reasons that you should not submit the image for publication.
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Craig Murphy
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Location: Glens Falls, NY

PostPosted: Thu Aug 20, 2009 1:45 pm    Post subject: Reply with quote

Thanks for the replies. Yes I did run it past the GM who hired me and its ok by him and the club president. The arrangement was for the images to be posted to an online gallery so I guess if they are good with that then what the hell if its in a small (really small) circulation newspaper. This issue of some individual club members maybe getting pissed is still there I guess but that would go for the web gallery also. Thanks again!!
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