Photography Asked on October 5, 2021
I have a question about taking photographs of customers in a restaurant situation – where I’ve asked them and they’ve given permission.
I’ve been asked to shoot a restaurant in London, and will be taking location shots, food shots, and also some shots while its busy with customers.
The images will be for their website, gallery and some for social.
We’ll put notices up on the day, and its agreed that I’ll politely ask everyone beforehand and get verbal consent to take a picture. No one will be photographed without being asked, and being ok with it.
Of course anyone who doesn’t want to, won’t be photographed.
What we want to avoid is asking all the patrons to sign release forms. We feel that as its for gallery / social use (not a big advertising campaign), that asking politely is respectful, but going up to them with forms will be a bit intrusive on their experience.
My question is this:
I know that release forms are good practice. Is it reasonable to expect that in the worst case scenario, if someone subsequently objects to being in an online gallery, all we do is take the image down when requested? We will have asked them on the day, and put signs up.
Although I want to avoid walking round with release forms for everyone, but will do if needed.
Does anyone have experience of shooting restaurants, bars or similar type places such as this?
I am not a lawyer.
In general, you can take pictures of the public in a public place in the UK. The 'right to privacy' is vague, but being out in public & having your photo taken is pretty much how the paparazzi make their living.
If you post signs & don't photograph objectors, then you've also got round the 'harassment' law which could otherwise come into play.
I've often worked on 'open' street movie shoots where signage is placed at the boudaries of the shoot location, informing on a very similar basis. the 'get out clause' there is in effect 'if you don't like it, walk round another way' which a restaurant patron would not have the option of, unless they decided to vote with their feet.
There's a decent précis of the UK rules here - British Life Photography Awards: Photographer's Rights
Answered by Tetsujin on October 5, 2021
Unfortunately, consent to having their picture taken is not the same as consent for how the image(s) will be used. And social media/website use could easily be considered marketing/advertising. Luckily for you, the only minor concern in this instance is the tort of "passing off," which would be the misrepresentation of endorsement. But for that to be of concern the individual(s) in question would have to have significant reputation/goodwill.
Getting a release when none is required has no legal merit. And in all other instances mentioned here (for the UK specifically) there is no legal requirement for notification nor release/waiver. Releases for this kind of thing are much more common in countries like the US which has recognized "portrait rights" (by state), and in countries where the use of ones likeness is considered a personal right (like Brazil); but neither is applicable to the UK.
Answered by Steven Kersting on October 5, 2021
I am not a lawyer. I recommend hiring one. It is a cost of doing business. Client fees should cover both overhead and profits.
In terms of interior photographs of a restaurant, the simple solution is to hire people to pose as patrons using ordinary casting methods and standard model releases as recommended by your lawyer.
Doing so will avoid misunderstandings between the people in the photographs, the business owners, and the photographer. Free legal advice is often worth less than you paid for it.
Answered by Bob Macaroni McStevens on October 5, 2021
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