Tuesday, February 3, 2009

It's Easier to Ask Permission than Forgiveness...Especially When Asking Forgiveness After Being Sued for Unlawful Likeness Use and Invasion of Privacy

Attributions in blog posts are not limited to instances when you use information or quoting from different sources, such as a book or another website, or when you provide images or video from other sources; you also need to attribute in times when you use another person's story, image, or general likeness.

While I encourage taking pictures at your service sites or while you are all meeting together, it is important to make sure that it is o.k. with the other people there that you are taking pictures. Some people are not comfortable having their picture taken at all and you should be mindful of their wishes. It is even more important to explain to them that their image may end up online, on your blog. Most people do not have a problem with their image being posted online but it is never a good idea to assume that a person is cool with it. Even if someone is comfortable with you taking their picture, you need separate permission to put their picture on the blog.

You also need to be sensitive when taking pictures of minors; people can get very worked up over people posting pictures of kids online without permission. In addition to making sure that the minor is comfortable with you taking their picture at all and putting it online, you also need to get permission from their parent or legal guardian.

It also helps to be aware that you will be working with people in sensitive situations and it is important to be aware of their feelings. They are not just your service projects; they are people with real concerns and should be treated with respect. You should not pressure them into letting you take their picture nor should you try to "sneak" a picture of them. You should also explain to them exactly what you will use their image for; as an additional gesture of goodwill, you should also offer up the blog information so, if they have access to the Internet, they can check it out.

Generally, you do not need to have them give written consent or sign anything; verbal permission is fine.

These tips do not just extend to photos or videos of people; you also need to get permission before discussing their story or situation on the blog. Even if you do not use their name or any identifying facts, it is still better to play it safe than risk really offending someone (or some group) or risk a lawsuit. While, technically, the court system has ruled that people can take pictures of anyone out in public, even without their permission, and then post the photo online, let's try not to set a new legal precedent.

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