Bryan Carson, a librarian and attorney at Western Kentucky University, wrote an article for the September/October 2008 edition of the on-line newsletter, "Marketing Library Services"(MLS). Carson addressed the issues involved with the public library use of photographs taken at programs on web pages or on social networking sites.
Carson explains that public libraries need written permission to use photos for marketing or promotional purposes when persons are identifiable. These would be the primary reasons libraries would post photos of their events. Carson also explains that crowd shots taken from the back of the room, revealing no faces do not require permission.
Carson discusses the "Right of Publicity" law, which assures the individual's right to control use of their own images for marketing or commercial purposes. This law gives them the right to stop others from using their image without permission. Carson feels the right of publicity law applies to blogs, web sites and social networking sites.
Carson urges libraries to get written permission to use photos taken at library events if people can be identified. Parents must give written permission for minors. He recommends that libraries keep the permission forms as long as the statute of limitations allows the library to be sued. He said the longest statutes are 6 years in New Jersey.
Many libraries routinely distribute permission release forms to parents at registration for story programs or other special events that may cover the entire story program series or summer library program. A sample photo and video tape release form are included on page 35 of the 2009 CSLP manual.
As a point of clarification, Carson said there is an allowance for library newsletters if the photos are used in a "newsworthy context," rather than for promotion. Summaries of recent library events and photos of them posted on blogs and library web pages can fall under the umbrella of "news." However, recent events have to be timely and Carson suggests libraries keep photos up no longer than about two weeks. He discourages libraries from archiving their event photos on sites like Flickr. Carson encourages librarians to get clarification of the Right of Publicity law as it applies to local libraries from their municipal attorneys.
For more information go to www.infotoday.com/mls/sep08/Carson.shtml
Source: Barb Huntington's November Posting for YS Liasons
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