Standard Uploading Disclaimers

[SPYDERIX]

I'm looking to setup a new website for a night club and they want people to have the ability to upload images they took on nights (which aren't shown until an admin approves it) but my question is what type of disclaimer should be used.

Anyone uploading an image would need to have appropriate permission of those in the picture so as not to violate anyone's privacy but is there a standard type of disclaimer that covers this whereas the user uploading is responsible and not my client.

How would something like this work? Is there a standard for something like this? Obviously hiring a lawyer at $300/hr is going to be the easiest response but the cost is just way too much (and yes I know a cost like this shouldn't be a problem compared to being sued) but there has to be something like this somewhere already.

NATE

http://www.mainframehosting.net

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[Foamcow]

You may need to make sure you have the permission of the people in the photo. This is normally done by way of what is called a "model release form".
Ever wondered why sometimes on TV and in published photos that you see people in the background with their faces blurred?

It might be possible to cover this with something that says when people enter the club they are accepting that photos of them may be used for publicity purposes only.

Best bet is to seek a lawyers advice or I guarantee that some busy body will complain.

<honk>*:O)</honk>
Foamcow Heavy Industries - Web site design in Cheltenham and Gloucester
Ham and Jam - British & Commonwealth forces mod for Half Life 2

 

[SPYDERIX]

Ya you've hit the nail on the head with the fact that you'd need permission from everyone in the photo. But then how do sites like hotornot.com or hi5.com work? A lawyer is going to be the best bet but they are expensive as hell.

NATE

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[Foamcow]

I think hotornot etc terms and conditions place the responsibility for permission on the person uploading the photo.

I've not read them, but I bet if you check that there will be something saying that you shouldn't upload the photo without the permission of the person in it.

<honk>*:O)</honk>
Foamcow Heavy Industries - Web site design in Cheltenham and Gloucester
Ham and Jam - British & Commonwealth forces mod for Half Life 2

 

[SPYDERIX]

Ya, but then what if someone doesn't read that (no one ever does) and then puts photos up containing someone that doesn't want to be on the site. What happens then? I would collect info from them when they submit but they could easily use a fake name and then my client would get in trouble. Now my client could easily just remove the image if someone complained but what happens if they pursue legal action.

NATE

http://www.mainframehosting.net

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[MarcusStringer]

But wouldn't the Disclaimer negate any trouble your client might get into.
Otherwise, what's the point of having Disclaimers if there is still a chance of getting into trouble???

Mind you I'd get a lawyer to take care of it. That way your 100% covered.

Marcus

http://www.midlandtypesetters.com.au

 

[Foamcow]

Exactly as Marcus said.
Just get a lawyer to draw up the terms and conditions / privacy statement. Don't do it yourself!

<honk>*:O)</honk>
Foamcow Heavy Industries - Web site design in Cheltenham and Gloucester
Ham and Jam - British & Commonwealth forces mod for Half Life 2