[jspi]

I'm helping a non-profit get started (tech advisor & some photos) but I'm having issues with another person on the board. I haven't said much but I'm needing some documentation to back up my thoughts (or prove me wrong). For reference, the non-profit involves music and children.


For me, I'm taking photos of people associated with the non-profit and using some of those photos for the non-profits. My wife is helping and, due to her hobbies, has a subscription to stock photos/videos so she's using those when necessary. Great, all legalities are covered.

Another person involved has a photography business (hobby?) and has some good photos to use. They've used photos of bands and children which they've taken over the years. While it's a good use of the photos, I'm not certain non-profit has any legal right to use the photos. Kids require special permission (if faces are shown) and using band photos gives the appearance they are affiliated (or support) the non-profit. I say we stick with stock photos and photos taken specifically for the non-profit to prevent any legal issues.

I've stumbled across various things over the years but don't have a good reference for legal stuff. If I'm right, where can I get some legal documentation to back me up? Some feathers have already ruffled so I'm trying to get this done without causing any more issues.

[WhatsMyNameAD67]

This site gives some guidance. I didn’t see anything immediately on using children’s photos, but you may find more by digging a little deeper. https://www.techsoup.org/support/articles-and-how-tos/finding-and-using-imag...your-nonprofit

[aslyfox]

the law and generalities

not usually a good thing


if I were you I would contact your local or state bar association and ask for a reference to an attorney specializing in copyright law
( a specialty ) and see if the attorney might be willing to advise for free or a low cost considering the status of the nonprofit

[jspi]

This site gives some guidance. I didn’t see anything immediately on using children’s photos, but you may find more by digging a little deeper. https://www.techsoup.org/support/articles-and-how-tos/finding-and-using-imag...your-nonprofit

Thanks. I should have thought to look there first but I guess stress is getting the best of me.

---------- Post added 11-14-20 at 02:59 AM ----------

the law and generalities

not usually a good thing


if I were you I would contact your local or state bar association and ask for a reference to an attorney specializing in copyright law
( a specialty ) and see if the attorney might be willing to advise for free or a low cost considering the status of the nonprofit

I suggested an attorney early on and was basically told we'll do that eventually (general recommendation, not specifically for photos). We have some enthusiastic people running with this as I worry about image rights, legal issues, and other stuff. Never hurts to bring it up again and see if we can get moving on that.

Also worth mentioning, I have no idea what (if any) agreement was signed with the photos being used. Since the photos are older than the non-profit, we can't have explicit permission but they could have permission to use anywhere. Could be OK but I'd rather just say "Here's the legal requirements, use whatever is allowed." That way if they use photos which aren't legally usable, it's on them and they know better. Not trying to throw them under the bus, just trying to not be caught under the bus with them... Ideally getting everyone out of the road before the bus comes.

[WhatsMyNameAD67]

Thanks. I should have thought to look there first but I guess stress is getting the best of me.[COLOR="Silver"]

No worries. This stuff can be complicated depending on the circumstances.

[aslyfox]

. . . I suggested an attorney early on and was basically told we'll do that eventually . . . .

yeah it always pays to seek professional advice at the end of the proceedings

when you may have to back track, if that is possible

well, it won't be the first time that has happened to an organization:

remember when NBC changed its logo to a stylized " N " without doing a proper trademark search first and determining that Nebraska Public Broadcasting had used the same stylized " N " for years and had protected it

costed NBC a large sum of money if I recall correctly

good luck