Bruce: Your point here: ________________________
>At the event a few weeks ago where we were running the prototype, we were unknowingly using someone's images that was at the event. He saw them, was blown away, and loved it. ----------------------- This connects to another conversation on a nonprofit/flickr listserv about using people's photos (even if cc licensed) without the model or subjects signing a release form ... and wondered if you had any thoughts on this. The thread follows below: ------------------------------ My question here though is about the legal and other ramifications of using a photo found on Flickr. Where the photographer is unknown but willing to give permission but may no longer have access to the subject to obtain a model release. Not so much "can I use photos I take at events for my organization" but "can I use found Flickr photos on my projects legally and ethically with the photographer, but not necessarily the model's permission"? The issue gets even stickier with photos of adorable children, of course. The use of conference photos is an interesting problem, but I think it would be separate from my original inquiry - or maybe not? My understanding is that as long as there is no expectation of privacy (public event =public view) then there is not much legal standing for the people in the photos to complain. However, I am sure the nonprofits I work with wouldn't want to offend anyone or cause themselves any headaches trying to prove that to an angry parent whose child shows up on a site about AIDS for example. If the photographer has informed the organization that there is no model release it is their responsibility to justify usage. What should be their guidelines on this? My other question was whether use as part of the imagery on a non-profit web site constitutes editorial or advertising usage. Not many nonprofits feel that they fit into the commercial category but in this instance they might be considered so instead of educational - even though they exist to say educate the public about an issue. Anyone wrangled with these types of definitions before? I think natural photos of real people often speak to the issues and engage people far more than posed stock photography ever could. And most groups don't have professional photographers available so quality photos by amateurs on Flickr seem like a wonderful solution. There are some great photos out there in Flickrland and I would love to use them as long as its on the up and up - oh, the whole social media access to new resources is double edged for sure. Are they just off limits or does anyone have non campaign or organization member experiences to share?
