Those Pesky Picture Permissions: Why They’re Worth the Effort

1. Those Pesky Picture Permissions:Why They’re Worth the Effort • by Mark Ibach • SCLS Marketing & PR Coordinator • October 30, 2009

2. Why should I take photos? • It’s good public relations. • It’s an excellent advocacy tool.

3. Why the Controversy? • Libraries are public places. • Libraries have a statutory obligation to protect the privacy of patrons when it comes to what they borrow.

4. Your Right to Take Photos • “The general rule in the United States is that anyone may take photographs of whatever they want when they are in a public place or places where they have permission to take photographs. Absent a specific legal prohibition such as a statute or ordinance, you are legally entitled to take photographs.” • —from “The Photographer’s Right,” published by Bert P Krages II, Attorney at Law, for the National Press Photographer’s Association

5. Rights of Library Patrons to Privacy • “Members of the public have a very limited scope of privacy rights when they are in public places. Basically, anyone can be photographed without their consent except when they have secluded themselves in places where they have a reasonable expectation of privacy such as dressing rooms, restrooms, medical facilities, and inside their homes. • —from “The Photographer’s Right,” published by Bert P. Krages II, Attorney at Law, for the National Press Photographer’s Association

6. What About Children? Despite misconceptions to the contrary, the following can almost always be photographed lawfully from public places: • accident and fire scenes • children • celebrities • law enforcement officers • etc. —from “The Photographer’s Right,” published by Bert P. Krages II,Attorney at Law, for the National Press Photographer’s Association

7. What does State Statute Say? • According to Chapter 942.08(b) of Wisconsin Statute, “Crimes Against Reputation, Privacy and Civil Liberties; Invasion of Privacy” states: • “‘Private place’ means a place where a person may reasonably expect to be safe from being observed without his or her knowledge or consent.”

8. What Does This Mean for Libraries? • Technically, you can take photos for news purposes without getting permission. • These photos can be used in your newsletter or on your website when you report about the particular event. • This right carries with it the unwritten expectation that photos will be displayed online for a time only long enough to promote the event.

9. What Does This Mean for Libraries? • You don’t need a signed permission from unidentified people in a group photo, regardless of how you’ll use the photo. • If you must get signed permission, be selective in your photo taking and go after close-up pictures with one or two people.

10. When Privacy Applies • The right of privacy is recognized in Wisconsin. Specifically, Wisconsin Statutes 995.50(2)(b) says invasion of privacy means: • “The use, for advertising purposes or for the purposes of trade, of the name, portrait or picture of any living person, without having first obtained the written consent of the person or, if the person is a minor, of his or her parent or guardian.

11. A Famous Example • Astronaut Buzz Aldrin • Apollo 11

12. What You Can’t Do? • Use photos to promote the library or its programs. • Use photos to raise funds for the library, a foundation or Friends group. • Use photos to garner support for a library expansion or remodeling project. • Use photos for library advocacy efforts.

13. How Do You Proceed? • Begin by talking with your city, county, village or town attorney. Whatever policy you decide to pursue, they must be comfortable defending. • Be prepared to explain the importance to the library of having good photos to show the kinds of things you do.

14. How To Document Permission Permission may be either direct or implied! • Collect a signed permission form for each photo taken. • Indicate on all program materials that participants may be photographed. • Post a sign at all programs/events that participants may be photographed. • Make an announcement at all programs/events participants may be photographed.

15. ALA Language at Registration • ALA uses the following language as part of its conference registration: • “Registration constitutes permission to utilize photos taken at the event for news, promotion and similar purposes.”

16. Other Options • Have program/event attendees sign a group permission, and direct those that don’t want to sign to an area away from the presenter. • Explore permission as a function of the library card application process, using language similar to the ALA language.

17. Permission Wording Options • You can find some sample wording and permission forms at: • www.scls.info/pr/toolkit/permissions.html

18. More Information • No matter how you choose to deal with getting permission to use photos, you’ll want to read an Information Today article by Bryan Carson, the coordinator of Reference & Instructional Services at Western Kentucky University in Bowling Green. • There is a link to this article at: • www.scls.info/pr/toolkit/permissions.html

19. Final Thoughts • Identify why you’re taking photos and how they will help you accomplish your mission. • Work with your legal counsel to develop a policy that is manageable, but also allows you to get the photos you need.

20. Conclusion • Mark E. Ibach • SCLS Marketing & PR Coordinator • (608) 246-5612 • mibach@scls.lib.wi.us The mission of the South Central Library System is to help its 52 member libraries provide the best possible service to the public.