What to consider before you post that photo

Generally speaking I’m a pretty mild mannered individual; however, there are some things that really bug me. For example, the other day a Facebook friend I knew from my days as a playground Mum posted a photo of her daughter online. It was a great photo, and to be honest there was nothing wrong with it – apart from the comment she attached to it.

Essentially, she had asked her daughter for a photo, despite the fact said 8 year-old child wasn’t comfortable with it because of the outfit she was wearing. The daughter had agreed, apparently reluctantly, as long as the Mum didn’t share it on social media.

And yet, here I was, looking at the photo of an uncomfortable young girl, whose privacy had clearly been violated.

I won’t lie, it made me feel physically sick and really, really angry.

Then of course I calmed down, and realised it was an opportunity to blog – and that made me happy because I like feeling inspired (and getting on my soap box).

Everyone knows that when it comes to marketing, visual content sells. As social media marketing has taken an ever stronger hold more and more businesses are finding ways to reach out to their audiences and make a bigger impact.

If you sell a product, no matter what that is, there’s plenty of opportunity for you to take photos and create content around that. To make things more personable though, you may want to showcase images of your customers or clients using your products, or even pursuing your retail store.

However, there are legal ramifications involved in doing this, and it’s really important you think about the images you are taking, who they are of and what those peoples’ rights are, before you start sharing them as part of your online marketing strategy.

Admittedly there are laws that allow you to take photographs of people in public, but it’s important to realise these laws change when the person taking the photographs represents a business. Taking a photograph of a large crowd is one thing, but that’s unlikely to be an option for smaller businesses. This means that any photographs you take are going to be of people who are easily identifiable, and people may take exception to that.

I’ve said it before, and I will no doubt say it again, but what happens on social media stays on Google forever. You might post a picture of someone once, and whilst it will temporarily be on your timeline or appear in someone’s newsfeed, it will remain online forever. If you don’t have someone’s express permission, you could be in trouble.

What you need to think about it:

If you are taking photographs of people, and you want to use these as part of any marketing efforts, then you are using them for commercial purposes.

  • Reasonable expectations of privacy – even if someone is in public, if they are having what they believe is a private moment when you unexpectedly take their picture, you may not be able to use the generic public laws when it comes to photographs.
  • Consent – to avoid any confusion, it is always best to get people’s permission before you either take, or certainly use, photographs of them for any reason. In an ideal world, ask people to sign a consent form which you can keep as part of your ongoing records.

If you want to avoid any potential snags with customer photographs, there are some other options you can consider:

  • Why not set up a selfie board in store, and encourage your customers to come and have their photographs taken? You could enter them in to a prize draw so they could win something if they do.
  • Ask customers to send in photographs of them using your products on specific social media channels. Make sure they tag your account, and identify a specific # for them to use. This will help increase exposure as well.
  • If you want to avoid all legal pitfalls, why not just hire a photographer to take images of your products? You could even use images of your staff at work, and having a great time (as long as you have their permission first, of course).

 

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