I know of at least two cases (told to me in each case by the person who had
to deal with the consequences) where the unexpected publication of "happy
smiling faces" led to trouble. In each case the faces belonged to two
people whose respective partners were not amused at the implications. Now,
you could argue that the people should have behaved more circumspectly in
public (or not done it at all, depending on your moral position), but
equally the publication could be seen as a breach of privacy. Suppose the
couples involved were legitimate at the time but had split up since last
year, or suppose one of the people had died in the meantime.
I don't know the answer in this case, but I would suggest that the best
position would be if permission had been given at the time for specific uses
of the photos. Failing that, crowd scenes are OK, pictures of identifiable
living individuals could give rise to problems. If you use pictures of
children you also have to be sure that none of them is the subject of a care
order banning the disclosure of their whereabouts.
I realise the publicity for this event is going to be local, and most of the
people seeing the leaflet could equally well see the individuals in the
street any day, so you may decide that the risk is small enough and do it
anyway.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.
----- Original Message -----
From: "phil gregg" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, December 11, 2006 10:57 AM
Subject: Use of Photos in Publicity Leaflet
Our local Parish Council wishes to produce a flyer for a village fete
containing photos from last year's event. I have advised them that I don't
see any issue with this providing they do not include names and providing
the pictures are just the usual 'happy smiling faces' and crowd shots from
the previous year. Do you agree? Are there any issues including pictures of
children enjoying the event? The flyer will be pushed through doors,
available in the library, etc. This is a charity, not commercial, event.
(I have advised that permission has to be sought from the owners of the
photographs)
Thanks in advance for any help.
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