Use of Photographs in HOA Media

Started by JamesA1 • 4 replies • 1081 views

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JamesA1 (Maryland)
Posts: 21

Posted:

Our HOA publishes a monthly newsletter and has a website. Some folks would like to publish candid photos of events and activities in these media from time to time. Other folks insist that prior permission must be obtained from each person in the photo before it may be published.
Does anyone have experience with this? We are in Maryland and I can find no legal guidance in the statutes.

Thank you.

TimB4 (Tennessee)
Posts: 21,059

Posted:

We utilize photos in our newsletter.
We do not ask prior permission and have not had issues.

As long as the photos aren't trying to make people look silly, I doubt if you will have an issue.

MarkM31 (Washington)
Posts: 494

Posted:

Broadly, non commercial photography of individuals taken in areas open to the public is allowed unless that individual has an expectation of privacy.

Expectation of privacy refers to things such as up dress, down blouse and more innocuous photographs where the individual would not expect the prying eye of a camera. Public place means a place open to the public regardless of ownership. This does not trump the right of private property owners to disallow such.

Similarly, the non commercial publications of these photos is allowed.

ND (PA)
Posts: 792

Posted:

Agree with the posts so far.

As a precaution, you could also put a disclaimer within the publications and on flyers advertising the events that pictures may be taken to capture the excitement of the event and may be utilized in future HOA-related publications and advertising for upcoming events. No need to ask for permission to use pictures, people have already been notified. Those who are camera shy or in witness protection just won't attend the events.

JamesA1 (Maryland)
Posts: 21

Posted:

Thank you all very much for responding.

Your experience and suggestions will be good discussions points for me
develop policy n this subject.

Jim

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