Limitations of usage of photo taken in public place

[zulupentax]

I wonder if I could have some help with an issue.
If a photo has been taken in a public place would I have a problem displaying it on my Facebook by any chance? And if the photo is of a child would it make a difference.

For clarification purposes can I just state that its a simple nice pic of a child of about 8 years old who happened to have a butterfly perched on his hand. He was in the Butterfly house and the shot was taken. Are there any restriction with the usage of this image for normal purposes of displaying for example on FB?

The reason I ask is because someone just raised the issue that parents permission need to be requested for that.

Thank you

 

[Carter64]

The first hurdle will be ascertaining that the butterfly house is, indeed, a public place. I would have thought not tbh.
Allowing access to the public does not necessarily mean it is a public place from a legal definition.

 

[zulupentax]

The first hurdle will be ascertaining that the butterfly house is, indeed, a public place. I would have thought not tbh.
Allowing access to the public does not necessarily mean it is a public place from a legal definition.

I see. So there lies one issue to be checked first

But you mean let's suppose BW is not a public place (according to some definition that you mention that might exist there) then any photo that I take in there if it contains any person then I cannot use it on my FB?
How about if its Butterfly World's Facebook?

 

[DemiLion]

Fairly basic break down:

If it's your own page and it's for non commercial use, then you should be fine.
If it's your own page and it's for commercial purposes including promotion then you may need clearance from BW
If it's on BW's page then it should also be fine.


The central point is around whether the explicit or implied licence from BW allows you to use the photos for commercial purposes or not.
As the child was in a public place they have little expectation of privacy, but be careful about using their image to promote something that they may not have agreed to.

 

[zulupentax]

Fairly basic break down:

If it's your own page and it's for non commercial use, then you should be fine.
If it's your own page and it's for commercial purposes including promotion then you may need clearance from BW
If it's on BW's page then it should also be fine.


The central point is around whether the explicit or implied licence from BW allows you to use the photos for commercial purposes or not.
As the child was in a public place they have little expectation of privacy, but be careful about using their image to promote something that they may not have agreed to.

Thank you for that breakdown Mark. I think that helps now, because I was starting to get confused based on the fact whether BW grounds can be considered Public place or not. Now that you have put it in parts like that it helps me more now.
The Facebook page belongs to Butterfly World itself so according to your explanation it should be fine. Phew! glad its like that because I run their facebook page.

Thanks again for all your help

 

[phil8139]

Any picture of any person in a public place can be displayed without authorisation from them, they hold no rights to your image. The only problem is if you want to sell it commercially, the buyer would want a model release form (not a legal requirement in the UK), or if you misrepresent someone in your image then that opens a can of worms.

If it was on private land there may be restrictions in its use but as you run the Facebook page for the place where you shot the image, you (should) already be aware of that There is no law that states you need permission from a parent to photograph a child in a public place, but as always..... common courtesey and manners should be your best friend.

Phil.