Managing Permissions for Photos: A Guide for Charities

As a charity, you may want to use photos of your beneficiaries in your marketing and fundraising materials. However, before you can do so, you need to make sure that you have the necessary photo permissions from the people in the photos. In this guide, we will explain what you need to do to obtain the appropriate permissions for using photos of your beneficiaries.

Gain permission

Who Needs to Give Permission?

If a photo contains the image of a recognisable person, then you will need to obtain that person's permission before using the photograph. This includes photos of children, as their parents or guardians will need to permit on their behalf. In some cases, it may also be necessary to obtain permission from the photographer or copyright holder of the photo.

When You Do Not Need Permission

There are some circumstances in which you will not need to obtain permission for using a photo. For example, if the photo is being used for news reporting purposes or if it is considered to be “fair use” under copyright law. However, these exceptions are relatively limited and it is always best to err on the side of caution and obtain explicit permission whenever possible.

How to Obtain Permission

The best way to obtain permission is to get the person in the photo to sign a release form. This form should state that the person permits you to use their image in your materials.

Taking photographs

It is highly recommended to have in place a written photography policy statement to cover all aspects of your organisation's photography, and we've outlined various scenarios as follows.

Photographing people

Taking photographs of people can be a delicate process, especially if you are working with vulnerable populations. To get the best results, it is important to be respectful and transparent with the people you are photographing. Let them know why you are taking their photo and how you plan to use it. It is also a good idea to show them the release form before they sign it so that they know exactly what they are agreeing to.  It's important to be aware of any religious or cultural reasons subjects may have not to provide consent.

Photographs of minors

If the person photographed is a minor, then the release form should be signed by their parent or guardian. If you are unable to get parental consent, then you may be able to use an implied consent approach. This involves demonstrating that the person in the photo has already consented to have their image used by you (for example, by posting it on social media with a tag indicating they are happy for it to be used).  This may be digital, or written permission for the child's photograph.

Commercial photography

If you are planning on taking photographs for commercial purposes (i.e. selling products or services), then you will need to get a signed release form from the person/persons in the photo as well as the photographer or copyright holder. This is because commercial use of a photo generally requires consent from both the subject and the creator of the photo.

Public property

If you are photographing on public property or in a public space, then you will not need to obtain permission from those people in the photo. However, you should be aware that there may be restrictions on what you can do with the photos, depending on where they were taken. For example, if you take photos of people in a national park, you may not be allowed to sell them without prior consent from the park authorities.  This may apply to other similar public places, such as a public footpath, private land, etc.  

Get explicit permission from the photographer

If you did not take the photo yourself, you will also need to get explicit permission from the photographer to use the image. This means that you should have a signed release form from the photographer stating that you are allowed to use the image for your chosen purpose. Again, it is important to make sure that the photographer understands that they can withdraw their permission at any time, this is classed as the photographer's rights.

What to Do if You Can't Obtain Permission

If you are unable to gain consent to use a particular photo, there are a few other options available. You could try contacting the copyright holder of the photo (if applicable) and asking for permission to use it. Alternatively, you could try finding a similar photo that is already in the public domain or that has a Creative Commons license that allows for commercial use. Finally, you could consider taking your photos for use on your charity's website or social media accounts.

Security and Access

Keep records of all permissions

Once you have obtained explicit permission from both the subjects and photographers of the images, it is important to keep records of all permissions in a safe and secure place. This will help you to keep track of who has permitted you to use their image and for what purpose. It is also important to keep track of when each person’s consent expires so that you can ensure that you do not use an image beyond the date on which permission was granted. Permission forms should be kept separate from the photos themselves, and they should only be accessible to authorized personnel. Additionally, permission forms should be kept for a minimum of 7 years after the photographs were taken.

Who Should Have Access to Photos?

When deciding who should have access to photographs, organisations should consider the sensitivity of the data and the role of the individual staff member. For example, front-line staff who work directly with vulnerable people may need access to photos for identification purposes. However, other staff members who do not work directly with clients may not need access to photos.

Using Photographs Without Permission

There may be occasions when an organization needs to use a photo of an individual without their permission. For example, if an individual is in danger and their photo needs to be shared with law enforcement to locate them. In these cases, it is important to only use the photo in question and not any other photos of the individual that may have been taken without their permission. Additionally, once the individual has been located, their photo should no longer be used without their permission.

Personal use

Organisations should also have a policy in place regarding the personal use of photographs. For example, staff members should not be allowed to take photos of clients without their permission and then post them on social media. Staff members should also not be allowed to share photos of clients with anyone outside of the organisation without prior consent.

Use watermarks and other security measures

UK law states that you must have permission from the owner of a photo before you can use it.  Privacy laws in the UK also state that you can't take or use photos of people without their permission if they can be identified from the image.

Watermarks are a good way of ensuring that your images are protected from unauthorised use. A watermark is a logo or other identifying mark that is placed on an image to deter people from copying or distributing it without permission. You can create watermarks using free software such as GIMP or Photoshop. Other security measures such as password protection and encryption can also be used to protect images and photographs stored on digital devices.  You can also use other security measures, such as disabling right-clicking on images so that people cannot save them without permission.

Destroying photographs

When you no longer need a photograph (for example, if an individual withdraws their consent or if you no longer require it for the purpose for which it was originally obtained), you must destroy it securely. This means ensuring that the photograph cannot be accessed by anyone else and cannot be recovered from any backups or archives

Conclusion

Using photos of your beneficiaries can be a great way to engage supporters and raise awareness of your cause. However, you must take care to obtain the necessary permissions before using any images you have photographed. By following the advice in this guide, you can ensure that you are using your photography ethically and in compliance with the law to avoid any criminal offence.