Friday 27 September 2013

Why consent matters when reusing photographs

Today's Toronto Star includes this perfect example of why we need good practices around how we manage and reuse digital photographs:

Woman sues after her picture used in HIV ad.

It appears this woman was the subject of a photo shoot several years ago. The photographer then turned around and sold the photographs via Getty Images, without getting consent, a release or authorization from her subject. To make matters worse, Getty has a clause in their license stating that "using an image in connection with an unflattering or controversial subject requires a disclaimer statement that: (1) licensed material is being used for illustrative purposes only, and (2) any person depicted in the licensed material is a model." It doesn't appear this was followed in the New York State Division of Human Rights ad.

Yikes! Make sure you manage consent forms and permissions related to your digital photographs, provide the right level of security and reduce the risk to your company or organization.

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