Someone emailed me asking if they needed permission to post photos of church members on the church’s Facebook Page. They same question could be asked for the church website, too; and I think the answers are one in the same. This was a legitimate question considering that photographers and videographers often have those filmed/photoed sign a release form.
When the question of web photos was asked of this church’s lawyer, he suggested an “opt out” provision in the church’s bylaws.
Not a bad idea, but probably not necessary.
After some Internet research, here is what I found:
If it’s in public, it’s fair game.
That’s it in a nutshell.
If you’re photographing in public, there’s no need get everyone to sign a release form. They’re in public and that’s that. But there is more than just the law to consider…
Survey Says!
Just because something is legal, doesn’t mean it’s right. Considering that 83% believe it’s common courtesy to ask permission, this leaves us in a bit of a quandary, doesn’t it?
Here are a few tips to help you navigate through this:
- Always be ready to remove a photo if someone asks you to.
- Always ask permission to use close-ups of people.
- When taking photos of children, get permission before taking it.
- Use discretion and always use photos of people looking their best.
- If it’s a funny/goofy/silly photo, ask before using it.
Remember, once you’ve used a photo online, it’s really hard to insure that it’s been completely removed. Photos can be copy and downloaded easily, so it is better to error on the side of caution.
Of course when you’re taking photos of a large group or activity, I think the rules change a little bit. If you’re taking a photo of 30 kids, getting permission is going to be tough. If it’s a large church event, most people understand that there’s going to be photos flying everywhere, but if you’re doing a general photography session of your Sunday school program, you might want to announce it the Sunday before—that way most of your Mom’s will make sure little Bobby gets his hair combed. 😉
What would you add to this list?
[Image via Kalexanderson via Compfight cc]
Rachel Blom says
I would add that for those outside the US, you may want to check you state laws 🙂 For instance in Germany, you can get into trouble when posting pictures from others on for instance Facebook. For minors, you officially need their parents’ permission. So make sure you know where you stand legally!
Eric Dye says
Great point, Rachel.
John says
People putting photos of my kids on their Facebook profile is one of my pet-peeves. I don’t mind if it’s in a group but when you put only a picture of my child and share it with your “friends” (who I don’t know) or the whole world I get really ticked off. Ask me first. I’ll say, “no,” and we can go on our merry way. Have some common courtesy. You wouldn’t want me to post photos of your child in the local paper without your permission so why do you think it would be OK to share a photo of my child with the whole Internet?
Eric Dye says
Seriously!
Eric J says
When taking photos of children, get permission before taking it.
I also ask for permission to share it even though it is implied.
Eric Dye says
Ah, good idea.
Chuck Scoggins says
Excellent thoughts. I posted some thoughts and resources just the other day over on my blog…in case anyone is interested: http://csblog.us/churchcommphotos
Eric Dye says
Hey! That’s great. 🙂
Caleb Warren says
I thought that you need written permission for taking pictures of people under 18. Are the laws maybe different from state to state?
Eric J says
http://www.aclu.org/free-speech/know-your-rights-photographers
You do not need written permission if it is in a public place.
Caleb Warren says
Thanks for sending that link. A few questions to clarify… It seems clear in the article that you can photograph in a public but it doesn’t list people as an option. It only lists “buildings, transportation facilities, and police or government officials carrying out their duties.” Also, a church isn’t a public place. Can you help clarify this for me? Thank you.
Eric J says
In general the public is allowed to enter it’s considered a public place so a mall or a church would qualify. However mall security will almost always ask you to stop and it’s not a good idea to just take pictures of people at a church because they might not appreciate it.
As you may have guessed that blog post is because of people getting arrested for taking photographs of police officers.
Yiayia says
Churches in US are considered private property not public places. Pictures of children posted without parental permission can get you into big trouble. Privacy laws may differ a little from state to state. Better safe than sorry…. not the laws for your settings.
Joanna says
I would also suggest being very careful if the pictures are of people you don’t know well, especially if they are children. This is especially likely to be an issue at outreach events and mission trips. I say this because you won’t know if a person you’ve just met is needing to maintain higher levels of internet privacy due to their job or challenging personal situations like getting away from a stalker.
Eric Dye says
Agreed!
David Shrein says
Definitely the best take on photography permission I’ve seen yet. It really articulated much of what our approach is at my church.
We ultimately try and respect the individual and I, personally, treat the usage of images of other people the way I would want to be treated if someone was using my image or my family’s image elsewhere.
Great post.
Eric Dye says
Thank you, David!
Dre' Barnes says
We have signs around our church in clear view that state something to the effect “If you walk pass this point, you may be photographed or video recorded.”
Eric Dye says
Ah! That’s a good idea, especially when you consider how many churches are live streaming their services.
rcarmstrong says
This came up recently in my church as a result of doing a photo directory (we’ve had an influx of new members recently, and pictures weeps be helpful, especially for our older members). Because there was the possibility of including releasing it in ago form, or was decided to add a “usage” release in the info sheet.
Now, I’m wondering. I included this in our VBS signup (bether to be covered, JIC). Since the event was on church grounds, would you consider that public property?
Jeremy Smith says
Nope. And doesn’t matter if it is public if you use it for church purposes, you should still cover yourself because civil court doesn’t care if it was public.
joe says
what about inside of a church building?
Jeremy Smith says
Does it have the potential to cause problems for those in the photos? If it is even possible for a yes, then I would get a release.
Ken Seachrist says
The laws are fairly clear on this, and a church IS considered a public place, in that people are NOT denied access to it based on who owns the building. Since it IS a public place, if you take photos that are going to be used to show the activities that have taken place at the church, not for commercial or resale, then a usage permission is NOT necessary. However, I will agree that if you have an event where you have many visitors, then you may want to either make the announcement or have it in the bulletin somewhere and let them know that the by being there implies consent to have photos taken, but that they WILL not be used if asked directly by the parent/guardian.
Tina says
My children are adopted their parents are violent drug users the thing I did not appreciated was the posting of photos all over the church site and on Facebook w out my consent. It brought me dred momentarily to see it. And quickly asked them removed.
Carlos Sepulveda says
IT IS MY BELIEF THAT IF A PERSON ENTERS A CHURCH WITH A BAD HISTORY OF RECKLESS LIVING AND IS TRYING TO MAKE THINGS RIGHT WITH THEIR LIFE BUT HAS SOME ISSUES WITH THE LAW THEN ITS NOT RIGHT TO POST PICTURES OF THESE INDIVIDUALS ON SOCIAL MEDIAS WHILE THEY ARE IN THE CHURCH. NOBODY KNOWS ANYTHING ABOUT CERTAIN INDIVIDUALS’ PAST SO IT IS PROBABLY BEST NOT TO CAUSE FRICTION WITH OTHER PEOPLE LIVES BY POSTING THEIR PICTURES ON SOCIAL MEDIAS UNLESS OF COURSE THE INDIVIDUAL DOESN’T MIND. MANY PEOPLE HAVE SKELETONS IN THEIR CLOSETS WHY BRING THEM OUT IN THE OPEN WHILE IN CHURCH THROUGH SOCIAL MEDIA PICTURES!!!
SOME PEOPLE MAY HAVE EVIL INTENTIONS AND ARE OUT TRYING TO FIND SOMEONE AND THEY SOON DISCOVER THAT WHO THEY ARE LOOKING FOR IS IN CHURCH. THIS IS SURE WAY TO BRING IN A BAD SITUATION TO A CHURCH! I WOULD ADVISE ALWAYS ASK PERMISSION BEFORE TAKING A PICTURE OR VIDEOS!!!!