Consent for using a nightclub photo in a publication

[4jallday]

I work for a club and have images from there in a magazine. Now I have someone asking about consent to use their photo in the magazine. It isn't an ad. It is a photo where they posed for a photo just having a good time at the club. Can anyone fill me in on the law about this?

[WMS]

It would be best if they signed or had signed a model release, However depending on the context of the image it Might be unnecessary under the news and editorial exemption. However you probably need an attorney who is knowledgeable in this area to make an informed decision, even then there could be some challenges.

As a starting point I would recomend that you read http://www.krages.com/phoright.htm There are books on this subject as well, and as we all know the final word in any given example is the highest court to hear the case (not the best way to get the last word, unless you are representing one of the participants).

Wayne

[SOT]

Is it news or is it an ad? If it is used in an advert, a model release is probably required.
I say probably because some facilities actually force the waiver of rights upon entrance.

If it was in say a "Weekender" Magazine as an article, then you should be OK.
Further, the owner of the club, is more then likely the person that would say "No you can't take photos here." as it is private property. I understand that you work for the club, I am just expressing that owners of private property can assert rights, but more then likely people on said property have limited rights.

[4jallday]

I am the resident photographer for the club. I take photos of people having a good time for their website and such. I thought the club was a private property and when entering you kind of wave certain rights. If not it would be kind of hard to get releases from every one I take photos of at the club. It's just posing with friends having a drink.

[MJPhotos24]

Sounds editorial, you don't need a model release. It's like fans at a baseball game for me, the pubs I shoot for can use there image w/o a release.

[swampler]

As long as it isn't advertising or selling a product, you don't need a release (from everything I've read, and speaking for the USA). However, it sounds like this person may be fishing for money and/or contemplating a lawsuit, so you probably should ask a real lawyer.

[sspellman]

4jallday-

Editorial/news use such as a picture of an event in a magaine does not require a model release or other permission for publication. You would only be sued if its defamatory. There should be no issue at all if you asked the people if you could take their picture.

Taking pictures in a private place does not mean that you give up rights unless defined and agreed. I have worked with nightclub and other clients to post signs or on tickets that basically say by entering the premises, you consent to a model release for commercial purposes for photo & video. Still out of the principle of good customer service, I make it easy and quick for people to request to have pictures removed from website and other galleries.

-Scott