Image and organizing events in a cultural institution – rules for image use and permission to publish it
The organization of cultural events involves various forms of documenting and promoting these events, often through photos, videos or promotional materials. The use of the image of participants, artists, guests or audiences in such materials involves compliance with civil law and data protection regulations. In this article, we will discuss the rules for the use of others’ images by cultural institutions, taking into account consent, special cases of minors, as well as issues related to RODO.
1. The principle of consent – when do you have to get permission to use an image?
As a general rule, in order to use a person’s image, you must obtain that person’s express consent. Consent for the use of an image must be voluntary, informed and explicit. This means that any person whose image is used (e.g., in photos, videos) must consent to its publication and dissemination. Consent may include the use of the image in various media, both in printed materials and on the Internet.
In the context of cultural events, when among the participants of an event, such as a concert or an exhibition, there are people whose image may be captured and published, the cultural institution should take care to properly secure consents. This can be in the form of consent forms signed by participants before the event, or if this is not possible, it is also worth ensuring that the rules and regulations for participation in events are properly written by including information about recording or photographing the audience.
2. Detail of the whole – when is consent not required?
However, there is an exception to the rule that allows the use of an image without the need to obtain the consent of each person. If the image is part of a larger image – for example, a photo or video in which a large number of people are collectively visible, then it is not necessary to obtain the consent of each person. When the image is only a detail of the whole, there is a statutory exemption from the obligation to obtain consent to use the image. An example of such a situation would be a photograph depicting a crowd at a concert or artistic event. In such cases, the point is that the individual image of a particular person is not exposed, and the whole is only part of a broader picture that does not allow identification of individual persons.
However, it is worth remembering that even in the case of a collective image, the cultural institution should take care to ensure that images of people who may be easily recognizable are not used in a way that could violate their right to privacy. In such a case, despite the lack of need for consent, it is worth taking appropriate precautions.
3. Minors – consent of parents or legal guardians
A category of people whose image requires special attention is minors. If a cultural institution plans to use a child’s image (e.g., when organizing workshops, exhibitions or other events), it is necessary to obtain consent from the child’s parents or legal guardians. The consent should be given in writing, and its scope should specify precisely for what purpose and to what extent the child’s image will be used (e.g. in materials promoting the event, in social media, on the website).
In addition, cultural institutions need to be especially careful with children under the age of 13, because also under the provisions of the RODO, children under that age require the consent of their legal guardians for the processing of their personal data, including images.
4. Defining the scope of image use – precise records
When obtaining consents for image use, it is important for the cultural institution to accurately define the scope of image use. It should be indicated:
– The form of use: whether it is the publication of the image on the website, in social media, in materials promoting the event or in other forms.
– Time: how long the image will be used (e.g., for the duration of the campaign promoting the event, only one time for the purpose of publicizing the event, or indefinitely).
– Place: where the image will be published – whether in local materials, on the website, in the press or in the national media.
Precise definition of these issues avoids later misunderstandings and possible claims. Consent should be unambiguous and cover only those purposes specifically indicated.
5. RODO – personal data protection and image processing
The use of a person’s image is considered the processing of personal data under the Personal Data Protection Regulations (RODO). According to the RODO, a person’s image is considered personal data, and its processing must be carried out in accordance with the principles set forth in the regulation. When obtaining permission to use an image, a cultural institution should observe the following principles:
1. the principle of data minimization – the image must not be used excessively and must be consistent with the specified purpose.
2. The principle of transparency – people whose images are processed must be informed about the purpose and extent to which their data will be processed.
3. The right to withdraw consent – those who have consented to the use of their image have the right to withdraw this consent at any time.
Cultural institutions must ensure that consent for the use of an image is stored in accordance with the principles of the RODO and that individuals whose image is used can exercise their data protection rights, such as the right to access, correct or delete data.
The use of images in cultural institutions is a common practice, but it involves compliance with certain legal rules. It is crucial to obtain the consent of those whose image is to be used, especially in the case of children and minors, and to define the scope of that consent. In addition, cultural institutions must keep in mind the provisions of RODO, which impose obligations to protect personal data, including images, and provide individuals with the right to withdraw consent. Adherence to these rules allows for the safe and lawful use of images in cultural activities.