Do you need consent from guests at an event?

Have you ever wondered how much privacy is given to guests at your event and do you need consent form guests at an event when it comes to event photography and videography.

When taking or photographing people, the subject of a photograph does not hold any copyright in the photograph. Under Australian Copyright Law the photographer owns the copyright.

When do you need consent from guests?

If you are taking photographs of people at your event and you intend to publish or use these photographs, either electronically or in print, you should get consent from the people in the photograph. Likewise, if you use existing photographs of people as part of your event, e.g. in publications, brochures or posters etc, you will need to get their consent.

What about large events?

If you are taking photographs of large groups of people attending your event, for example crowds attending a conference, it may not be possible to get consent from every person in the photograph. You should post a notice of filming and photography at the event indicating that photographs may be taken and give people the option of not being photographed. If people are not recognisable in the photograph then you do not need their consent.

What is a notice of filming and photography?

A Notice of Photography or Crowd Notice Photo Release is a statement that informs guests attending an event that photography and filming may occur at the event. This can be displayed at the event or on tickets and even inform guests prior to the event.

Example of Notice of Filming and Photography

Below are a couple of examples of a Notice of Photography

Attendees consent to their filming and sound recording as members of the audience. By entering this event site you agree to being filmed or photographed which may be used for marketing or promotional purposes.

Please be aware that by entering this area, you consent to your voice, name, and/or likeness being used, without compensation, in films and tapes for exploitation in any and all media, whether now known or hereafter devised, for eternity, and you release [company/event name], its successors, assigns and licensees from any liability whatsoever of any nature. Do not enter this area if you do not with to be subject to the foregoing.

The above examples have not been reviewed by a lawyer and only provided as a guide. Please seek legal advice prior to using a notice of filming and photography.

Getting consent or having the option to avoid being photographed

Guests may request that their photo not be taken during an event, which for smaller events can be avoided by a professional photographer or videographer however for larger events, consider having a different colour lanyard they can wear. Alternatively, a sticker worn on the lapel could also work as a cheaper option.