[Editors] labeling people in photos

[John Hawkinson]

In this particular case, there is a big distinction between the
law and what is best practice (or: what is ethical?)

Unless you're going to exploit the photo financially, or are in some
fairly unlikely corner-cases, you have the legal right to post the
photo, assuming you have the photographer's permission (or it was a
work for hire for your office, i.e. you/MIT are the rightsholder).
The OGC's office will surely give you more details on this.

But should you? Photos online will never die.

The culture of photos now is different from what it was in 1993,
and far different from 1983.
Today, almost no one would be surprised to have a group photo they
posed in appear online. But in 1993, that was not exactly the case. But
it was starting to be.

But still, a posed team photo is unlikely to be compromising or awkward or
inappropriate, unlike some other kinds of photos.

Probably the ethical question best turns on what you wrote to the six
who did not respond, and what expectation you set, and how likely you
think it is that they received your query. If you suggested you would not
print the photo without their permission, then you should be bound by that.
If you merely sought amplification of their name with a bio or an update,
different story. They might reasonably infer you intended to print
the photo and since their consent is not required, you may infer their
lack of objection. Also, if you think they might never have seen your
> email, then you can't really rest on that.

If I had it to do over, in your shoes, I would be explicit in my
communication of the intention to publish the photo and the silence
was consent (coupled with a reasonable but explicit deadline).

Hypothetically, if anyone objected, you should balance their objection
against the merits of the photo. It sounds like this is not some newsworthy
photo that would make or break you, so I'd probably avoid going to the
matt on it and not run the photo. But this is a hypothetical.


Also, in the subject line you suggested this was about labeling, i.e.
choice of whether to run the photo uncaptioned or to run it captioned.
It makes no difference for the legal analysis, and I think it makes
little difference for the ethical analysis. Unless the team is posing
on a rooftop or something?


Lastly, in re
> The new person in charge here says we can’t post it on our future
> alumni news web page unless everyone gives permission,

this isn't the law, but it is a reasonable policy, but somewhat dated
in the era of social media.

I would suggest you consider having that person look to updating that
policy going forward to synchronize with modern norms for photographs
and the Internet (at least for recent photos). Look at what your peers
do, etc.?

--jhawk at mit.edu                                   Freelance Journalist
  John Hawkinson