Guest blog post by Michelle Bruno, Bruno Group Signature Events
Needing the subject’s consent before you share photos, especially for use in social media, is an evolving legal discussion. Normally, the photographer can claim the copyright, but lawyers can argue the case either way. There is one way to help protect photo takers from claims: get everything in writing.
But, where does that advice leave businesses that want to share photos of customers on social media, but don’t want to ruin the spontaneity of the moment by dragging out legal documents for them to sign before taking the picture? And, even if firms work out a way to streamline the process, what should the terms and conditions be?
Bel Air Honda, an automobile dealership based in Fallston, Maryland, addressed this very issue. The company was interested in animating its customer experience with a social photo booth. Staffers wanted to take photos of happy customers who had just received their new vehicles and share them on the dealership’s Facebook page, but two issues emerged.
In addition to making sure that the firm was complying with copyright laws, management also wanted to confirm that customers agreed with how the photos would be used. By selecting a photo-sharing application that allowed individuals to easily read and sign an agreement before taking the photo, Bel Air Honda was able to make sure its customers were neither inconvenienced nor caught by surprise.
With the photo-taking and agreement-signing process out of the way, Bel Air set out to work with the application developers,
Pixe Social, and the dealership’s legal counsel to draw up the appropriate terms and conditions for photo making and usage that would protect the company and inform the customer.
The terms were comprehensive, but brief. Part I defined the parties involved in the agreement. Part II (with only four bullet points) outlined the terms of ownership and use of the photos, including:
- Pixe Social’s “sole and royalty-free transferable, sub-licensable, worldwide license” to use the image
- The customer’s agreement not to “remove, alter or conceal any copyright, trademark, service mark, or other proprietary rights notices” incorporated into the image
- Bel Air Honda and Pixe Social’s joint ownership of “all rights, title and interest, including the copyright” in and to the photo
A simple Yes or No tap of the app by the customer signified his or her agreement to the terms and allowed the photo-taking (and captioning) process to continue—all within a matter of seconds.
While mobile and social photo sharing are embedded in popular culture and every-day behaviors, the subject isn’t completely free of scrutiny. As a company, it’s a best practice to understand copyright law, consult legal counsel (if necessary), and review the terms and conditions before engaging in the activity for commercial use. Making it easy for the customer to agree is an added bonus.
View the Pixe Social Case Study on Bel Air Honda
here.