Uploading pictures from a party to facebook?

We recently had a party at one of our communities where two professional photographers walked around all evening snapping shots. Everyone was aware they were being photographed.

What is the legality on uploading photos of residents who are posing for the camera? I am assuming a posed for picture means they know we are taking a photo and that would make a release not necessary. Is this correct?

Thanks!

Garrett,
We really need someone with more knowledge on this subject to give you a better answer, but let me share what I think is the issue here. As a business, if you share the picture, that picture serves as advertising, whether intended or not. I think that is where your particular issue falls under - if they are representing your company, you need permission.

(I could be wrong about that - I am not a lawyer! But I think that is the case.)

I didnt know the correct answer, but this is what I found when doing my research. See below:

When taking pictures of identifiable people, the subject's consent is not usually needed for straightforward photographs taken in a public place, but is often needed for photographs taken in a private place. This type of consent is sometimes called a model release, and it is unrelated to the photographer's copyright.
Because of the expectation of privacy, the consent of the subject should normally be sought before uploading any photograph featuring an identifiable individual that has been taken in a private place, whether or not the subject is named. Even in countries that have no law of privacy, there is a moral obligation on us not to upload photographs which infringe the subject's reasonable expectation of privacy. If you upload a self-portrait, your consent is presumed.

What are public and private places?

For the purposes of this policy, a private place can be considered a place where the subject has a reasonable expectation of privacy; and a public place is a place where the subject has no such expectation.

Examples of private places

• Inside any private residence (including hotel rooms, tents, etc.)
• Inside any restroom or dressing room
• At any medical facility
• Inside a private room in an otherwise public establishment such as a restaurant or hotel room
• In the parts of a building where the general public is not allowed (for example, a private office)

Examples of public places

• On the street or a sidewalk
• Outdoors in an easily visible part of private property
• In parks and recreation areas that are open to the public
• At a large event where many people are openly taking pictures
• In the parts of a building that are freely accessible to the general public (for example, a foyer or lobby)

Legal issues

There are a variety of non-copyright laws which may affect the photographer, the uploader, including defamation, personality rights and privacy rights. In consequence, the commercial use of these pictures may still be unacceptable unless the depicted person agrees.
Defamation may arise not only from the content of the image itself but also from its description and title when uploaded. An image of an identified unknown individual may be unexceptional on its own, but with the title "A drug-dealer" there may be potential defamation issues in at least some countries.

Moral issues

Not all legally obtained photographs of individuals are acceptable. The following types of image are normally considered unacceptable:
• Those that unfairly demean or ridicule the subject
• Those that are unfairly obtained
• Those that unreasonably intrude into the subject's private or family life

These are categories which are matters of common decency rather than law. They find a reflection in the wording of the Universal Declaration of Human Rights, Article 12: No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation.
The extent to which a particular photograph is "unfair" or "intrusive" will depend on the nature of the shot, whether it was taken in a public or private place, the title/description, and on the type of subject (e.g., a celebrity, a non-famous person, etc). This is all a matter of degree. A snatched shot of a celebrity caught in an embarrassing position in a public place may well be acceptable to the community; a similar shot of an anonymous member of the public may or may not be acceptable, depending on what is shown and how it is presented.

Examples

Normally do not require consent of the subject

• A street performer during a performance
• An anonymous person in a public place, especially as part of a larger crowd
• Partygoers at a large private party where photography is expected
• A basketball player competing in a match which is open to the public

Normally do require consent

• An identifiable child, titled "An obese girl" (potentially derogatory or demeaning)
• Partygoers at a private party where photography is not permitted or is not expected (unreasonable intrusion without consent)
• Nudes, underwear or swimsuit shots, unless obviously taken in a public place (unreasonable intrusion without consent)
• Long-lens images, taken from afar, of an individual in a private place (unreasonable intrusion)
Alternatives
If an image requires consent, and consent cannot be obtained, then there are several options. Identifying features may be blurred, pixelated, or obscured so that the person is no longer identifiable. The picture may be re-taken at a different angle, perhaps so that the subject's face is not visible.

Like Brent, I'm not a lawyer, but I do not believe you need a model release form signed in the case that you've described. (I think Pedro's resource reinforces that.) That said, it's probably a good idea to post a sign at the door letting people know what they're getting into before they walk into the event, especially if you plan to use any of those photos in future marketing. I'd look for a way to get your partygoers into it, too ("Look for your picture on our website!") ... that way it doesn't feel like it's all fine print.

It's a good time to evaluate if you have a privacy policy, and if not - to see if one is is warranted. It can be a good idea so long as your residents have agreed to the terms (another document to add to a move in packet). They are designed to inform resident (and potentially prospects) how you intend to use information you collect about them. You might have a clause that defines how you may use information (including photographs) in your business marketing efforts.

This topic came up about 3 months ago. Here's that discussion:
www.multifamilyinsiders.com/home/apartme...-of-residents-online