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Event/Party Photos: What’s Legal?

Have you ever asked yourself, does an event have the right to take my photo and share it on the web or social media? Many of us have. And if you haven’t, its something you should know when planning an event.

If a big, splashy event costs $100,000, but nobody photographs it, did it really happen?

Organizers routinely hire photographers to capture quality pictures of conferences. From the keynote speaker to panel discussions and networking receptions, the photographer’s job is to document the event, without disrupting it. You might not even realize he or she is there, quietly snapping away.

But privacy remains a concern. 

Here’s a question I hear frequently:

“Can someone take my picture at a conference, then post it on social media or on their website?”

I get this question from people who attend events, people who speak at events, and people who organize events, so it seems worth tackling here.

The short answer is “yes.”

Many photographers use crowd release forms in situations when obtaining individual releases would be impractical, like races, concerts, conferences and other large-scale events. (Think Comic-Con or TED conferences.)

Notices posted throughout the venue explain that photography and video recording are happening, and if you don’t consent to your image and likeness being captured and used, you should avoid the area.

When photographing high-profile participants, like speakers, emcees or performers, smart photographers and organizers will obtain a photo release from that individual. A crowd release might cover these people, or it might not.

If the event photographer or an organizer snaps a pic of attendees, the crowd release covers it. If another attendee takes the photo, that presents a separate issue, because the crowd release posted covers only the photographer (or the event organizers) who posted it.

Obviously, taking a fellow attendee’s photo at an event without permission is rude, but is it legal? Probably.

Typically, the person who takes a photo retains copyright.

This means if another attendee snaps a picture of you and tweets it, you can’t issue a takedown notice based on copyright. (It’s their photo, not yours.) You could allege invasion of privacy, but you’re in a public venue, so that claim is unlikely to succeed.

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