Issues Regarding Libraries Posting Photos on Facebook, Flickr, MySpace, and Library Web Pages

Bryan Carson, a librarian at Western Kentucky University and an attorney, wrote an article for the September/October 2008 edition of "Marketing Library Services"(MLS). MLS an online newsletter. Carson addressed the issues involved with public library use of photographs taken at their programs on their web pages or on social network sites.

Carson explains that public libraries need written permission to use photos when the people in them can be identified if the images are used for marketing or promotional purposes. These would be the primary reasons libraries would post photos of their events. Carson also explains that crowd shots taken from the back of the room, that show no faces do not require permission.

Carson discusses the "Right of Publicity" law, which assures individuals the right to control use of their own images for marketing or commercial purposes and gives them the right to stop others from using their image without permission. Carson feels the right of publicity law applies to blogs, web sites and social networking sites.

Carson urges libraries to get written permission to use photos they take at library events if people can be identified in them. Parents must give written permission for minors. He recommends that libraries keep the permission forms as long as the statute of limitations allow the library to be sued. He said the longest statutes are 6 years in New Jersey.

Many libraries routinely distribute permission release forms to parents at registration for story programs or other special events that may cover the entire story program series or summer library program. A sample phot and video tape release form is included on page 35 of the 2009 CSLP manual.

Carson clarified that there is an allowance for library newsletters if the photos are used in a "newsworthy context," rather than for promotion. Summaries of recent library events and photos of them that are posted on blogs and library web pages can fall under the umbrella of "news." However, recent events have to be timely and Carson suggest libraries keep photos up no longer than about two weeks. He discourages libraries from archiving their event photos on sites like Flickr. Carson encourages librarians to get clarification of the Right of Publicity law as it applies to local libraries from their municipal attornies. For more information go to www.infotoday.com/mls/sep08/Carson.shtml.

For questions about this information, contact Barbara A. Huntington (608) 267-5077

Last updated on 5/14/2009 1:03:21 PM