Possesion of photos online

[siteowner]

Hi there,

I am webmaster of a website for a club. We have a members page and a "history of the club page". I have never posted a photo of a member or event without their REQUESTING it and submitting the pictures to me. If a member resigns, am I required to take down a photo that they personally requested I post? This will take a lot of photos from this history page which purely shows the history of the club at public events as public news. If I have a disclaimer that states: all submittals become property of the website and/or club, does that help?

Thanks

 

[Michael Wechsler]

Hi there,

I am webmaster of a website for a club. We have a members page and a "history of the club page". I have never posted a photo of a member or event without their REQUESTING it and submitting the pictures to me. If a member resigns, am I required to take down a photo that they personally requested I post? This will take a lot of photos from this history page which purely shows the history of the club at public events as public news. If I have a disclaimer that states: all submittals become property of the website and/or club, does that help?

Great question. I believe that this involves a legal and practical answer.

The legal: What you would need to do is include that "disclaimer" in the "terms" that the user consents to when they sign up or send photos. A "disclaimer" is actually the wrong term and is used to state that you aren't liable for something (e.g. disclaiming liability for any third party that might download the pictures and then post them on their web sites in an altered fashion -- you can't police these actions.) The surest way to ensure you can keep up the photos is making sure that there is an agreement that the user must read prior to uploading the photos, such as in virtually every forum where you agree to the terms of service (e.g. you won't harass users, post defamatory material, etc.) that explains that the photos become the property of the club or that you have a license to display them perpetually, at your discretion.

The practical: Do note, however, that photos are a sensitive area. If people hear that you have a right to post their photo forever they may take offense to such a policy and could cause serious unrest amongst the members and potentially a mass exodus.

Good luck with the club!