Specific question about use in non-profit publication

scritch

Hi all,

Having made myself somewhat familiar with waivers and usage, I need to clarify for a client (for whom I am editor and graphic artist in this particular case, not photographer) whether or not a newsletter can be published while waiting for signed waivers to be returned to office.

They had an event in a public venue and one of the staff took photos which they then sent to me for processing.

I chose a posed family shot and two others for placement into the newsletter.

The family consented to (and posed for) the photos verbally and were mailed a waiver/consent to be sent back to the office. Everyone was verbally notified that photos would be taken throughout the event. The worry of the agency is that the signed waiver has not yet been received.

Upon asking my advice, I informed the CEO that the agency really needs to do what they're most comfortable with, but that I would find out more specifics about this particular situation and get back to them.

Any thoughts are greatly appreciated.

Thanks in advance.

Angelo

I am not an attorney and can not proffer legal advice but it is my understanding this falls under "editorial" and as such, releases (that which I assume you meant by the term "waivers") are not necessary.

I've worked on newsletters over the course of my career and have never been concerned with releases and without problem.

There are numerous examples of similar situations in for-profit publications as well.

Of course, if the organization's COO has a concern about this he should be seeking proper legal advice.

Cygnus Studios

There is a trend with many publications requiring a release even when they do not need them. It adds a little more protection for the publisher.

Angelo

Cygnus Studios wrote:

There is a trend with many publications requiring a release even when they do not need them. It adds a little more protection for the publisher.

no doubt and a wise move