UK Terms and conditions.

Discussion in 'Presentation & Marketing' started by Gary Holliday, Jan 20, 2007.

  1. Gary Holliday

    Gary Holliday Member

    Messages:
    826
    Joined:
    Apr 12, 2006
    Location:
    Belfast, UK
    Shooter:
    Medium Format
    Does anyone have a template for terms and conditions when booking a client for a photo session?

    Does UK privacy law stop us from displaying promotional images on a website?

    Thanks.
     
  2. Roger Hicks

    Roger Hicks Member

    Messages:
    4,913
    Joined:
    May 17, 2006
    Location:
    Northern Aqu
    Shooter:
    35mm RF
    Dear Gary,

    There is no coherent UK privacy law. The main considerations in your case would be:

    1 Are you holding them up to ridicule? Showing someone in an (unwarrantedly) poor light (figuratively, not literally) has always been actionable and the principle has lately been extended e.g. to supermodels come out of drug rehab clinics.

    2 Are you implying things about them that you do not know to be true? For example, a woman in a short skirt and fishnet stockings standing on a corner in the red light district MIGHT be a vicar's wife on a way to a party, so don't caption the picture 'Tart' unless you're certain.

    3 Closely related to the above is 'commercial' versus 'editorial' use, and this has not been well defined. Most decent sane people would argue that even publication in a book or magazine is 'editorial' and therefore legitimate, but there are some publishers' lawyers who say that if you're paid for (or expecting to be paid for) the pics, this is 'commercial' use. I regard this as an ass-covering exercise, not as good legal advice, and some publishers have admitted as much to me, but I would be remiss if I did not mention it.

    4 Is it commercially wise to publish the pics in this way? If your subjects don't mind, or are unlikely to mind, don't worry about this bit. If they are likely to complain, it may do you more harm than good, even if they have no legal basis for doing so. Ask them: many will be flattered to appear on your web-site.

    It's also worth adding that a lot of politicians, supermodels and others who have an unwarrantedly high opinion of themselves would LOVE a privacy law, and indeed often make comments as if there were one. Probably, there will be one day; the French already have one de facto, though not (as far as I am aware) de jure in the sense of its appearing in the Code. But at the moment, the above is a fair summary of the exceedingly woolly situation in the UK.

    Cheers,

    R. (www.rogerandfrances.com)
     
  3. Gary Holliday

    Gary Holliday Member

    Messages:
    826
    Joined:
    Apr 12, 2006
    Location:
    Belfast, UK
    Shooter:
    Medium Format
    Thanks for the detailed answer Roger. I was led to believe that you required permission to hold someone's image in a portfolio.

    I had a disc with model releases and a standard contract for weddings, but the disc has been damaged during a move.
     
  4. Roger Hicks

    Roger Hicks Member

    Messages:
    4,913
    Joined:
    May 17, 2006
    Location:
    Northern Aqu
    Shooter:
    35mm RF
    Dear Gary,

    You're more than welcome but of course I have to put my lawyer's hat on and issue a disclaimer that I am not a practising lawyer despite having a law degree (Birmingham, 1973).

    Cheers,

    R.
     
  5. Gary Holliday

    Gary Holliday Member

    Messages:
    826
    Joined:
    Apr 12, 2006
    Location:
    Belfast, UK
    Shooter:
    Medium Format
    Ah that's close enough for me!
     
  6. markbb

    markbb Member

    Messages:
    585
    Joined:
    Oct 5, 2005
    Location:
    SE London.
    Shooter:
    Large Format
    Would it be OK if she had a slice of apple pie in her hand?
     
  7. Gary Holliday

    Gary Holliday Member

    Messages:
    826
    Joined:
    Apr 12, 2006
    Location:
    Belfast, UK
    Shooter:
    Medium Format
    While I'm on the subject; do I have to inform the local police that I'll be storing images of children?

    Do the negs need locked up? (before I do!)
     
  8. Bob F.

    Bob F. Member

    Messages:
    3,984
    Joined:
    Oct 4, 2004
    Location:
    London
    Shooter:
    Multi Format
    No need to get paranoid...

    Hmmm, then again...


    Anyway, http://www.sirimo.co.uk/ukpr.php may have at least some of the answers.

    Cheers, Bob.