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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69265
Experience:  Over 5 years in practice
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I promote disco parties and usually have a photographer in

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I promote disco parties and usually have a photographer in place to take random photographs of the paying guests at the venue. The venues do not belong to me and are hired. The photographs are often put on Facebook but the photographer wants to put them on his website and sell them. I wold also lie to use them for publicity purposes and make a short video from them (like a wedding video) to show on TV screens in the venues. People at the moment often download them fro free from facebook, but the photographer is then not getting anything from it. Also it maybe that some people don't want to appear in a film or have their photograph on facebook. What is the law relating to this and as they are in a public place can the photographs be taken anyway and can they be used in the ways described or if there a form they have to sign to agree all of the above? Thanks your help is appreciated.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is ***** ***** I will try to help with this.

There is a charge for this service and you should have already made a deposit.

Do you still want to continue? If so, who is the photographer going to sell the photographs to?
Customer: replied 2 years ago.

I have paid £33.00 so would be grateful for your expert opinion on this.


I think the photographer's intention is sell them to anyone who views them on his website . I have suggested that I don't think he can legally do that but it might be OK to sell them to the person or people in the photograph...but I'm certainly not sure on this at all.


I won't be selling them to anyone, just using for publi

Customer: replied 2 years ago.

Hi Yes I want to continue please. I have paid £33.00.


I believe the intention of the photographer is to sell them to whoever wants them from his website. I have explained I thought he could only sell them to the people or persons in the photograph, but am really not sure on the whole thing to be honest.


My bit of it is to ask if I can use them for the publicity on fb and the video in the club as outlined in my first email. Thank you Jo. I appreciate your help. I have already had someone telling me I can't show photographs publicly taken at my own event, so just need to be clear.

Expert:  Jo C. replied 2 years ago.
People do this kind of thing got all the time without ever coming back to bite them.
Nonetheless I can only give you the legal situation and that is that to do this you need the consent of everyone who has had their image taken in order to be able to sell the images they publish them on a website. That is done by way of a release form that allows the photographer to do that. Getting the consent of everyone in the image is obviously not a practical proposition but nonetheless that is what should be done although it rarely is.

The photographer (or you if you are in control of the images) needs to be registered under the Data Protection Act. If anyone pays the standard fee of £10 for any image on which they feature, you have to give them them all within 40 days.

So, whilst he/you may be able to sell them at whatever price, if the person says that they want them anyway under the data protection act and they will only pay £10, that is all he is entitled to get.
At that stage, he also has to blank out all the other people in the photograph.

I know that hundreds if not thousands of businesses are already doing this kind of thing without any problem whatsoever but just because they don't have any problems does not mean that they are complying with the legal requirements.

Can I clarify anything for you?
Customer: replied 2 years ago.

Yes I thought what your are saying would be the case, but it is so impractical in a club situation.


Could you clarify the position of using the images in a video for use in the club please, and on facebook. Int his situation they havn't been put for sale. They have just been given to me by the photographer for allowing him into the club to take his pictures.


Would it cover me if I were to put a notice up, seen when people enter the venue, saying 'photographs will be taken at this event and maybe shown in a video or on facebook for publicity purposes'?




Expert:  Jo C. replied 2 years ago.

I fully appreciate it is impractical and indeed, virtually impossible to comply with the legal requirements of what he wants to do.


The same thing applies to using the images in the club and on Facebook. They are classed as public broadcasts even in a private club. Legally, putting the notice up when people enter the venue is of no effect because, there is already case law on that which stated that, people cannot be expected to read every sign on every wall everywhere that they go.


The only legal way round this, although completely impractical, is to get everyone to sign a piece of paper giving consent.

Customer: replied 2 years ago.

Thank you, ***** ***** clear. Great service.

Expert:  Jo C. replied 2 years ago.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile

Jo C., Barrister
Category: Law
Satisfied Customers: 69265
Experience: Over 5 years in practice
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