Legally, should Libraries NOT be Using Flickr?

Dr. Stephens asks Legally, should Libraries NOT be Using Flickr? "There has to be some new middle ground - blanket photo permissions for public events at the library, posted notices that photos will be taken, etc. I am not well-versed in the law - and that’s why I do appreciate the issue this article addresses, but I need to understand this more and would love to hear from folks out there."


The most important take away from that article should have been ask your lawyer, or more specifically the one that represents your library.

There are some model (as in template, not runway) release forms available at various non-profit sites. I am not mentioning the particular sites because I don't want a UPL complaint, but if I were a municipal or county attorney that belonged to an association of the same I would ask for their help in locating them.

Publicity for non-profits differs from commercial speech and the article seems to over complicate the issue. It is however food for thought.

If I were a library director and I wanted a few pictures of patrons using the library I would simply take the pictures and then ask the patron their name and if they were OK with it being in the friend's newsletter, or on the website. Then again as they said in Fried Green Tomatoes, I'm older and I have more insurance.

N.B. This is not legal advice. I am a very bad lawyer and anyone who takes my advice is crazy. (There is only a 2% chance I am licensed in your state anyway.)

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