Event Photography Contracts

If someone attends your event and you have given a disclaimer on photography, haven’t they consented to their image being used? The truth is no. Attendance does not equal consent. In fact, the Office of the Data Protection Commissioner has cautioned against relying on the broad disclaimers often displayed at events. What many brands overlook is that an individual has the ultimate right to decide how their personal information including their image is used. Data protection laws are clear. Consent isn’t assumed. It must be: ✅ Clear ✅ Specific ✅ Freely given ✅ An affirmative action by the individual. And the risks of ignoring this are real as can be seen from the following determinations by the Data Commissioner. 📌Roma School was fined KSh 4.5M for posting images of minors without parental consent. 📌Casa Vera Lounge was fined KSh 1.8M for posting a reveller’s photo on its social media without consent. 📌Grain Industries Ltd was ordered by the Data Commissioner to pay KSh 1M as compensation after using a woman’s image on billboards and YouTube ads without her permission. These cases show that enforcement is not theoretical. Misusing images without consent is costly both financially and reputationally. So, if the goal is to use event photos for marketing or commercial purposes, brands must go beyond assumptions and must obtain consent. To avoid being non-compliant, make the privacy professional in your organization your ally. They are best placed to offer guidance on your marketing campaigns and events. #dataprotection #dataprivacy #compliance. And if you don't know or don't have a privacy professional, I'm here to help. wngige.dataprivacy@gmail.com.

I once had a proposal rejected because of licensing fees. 😅 I quoted my usual day rate and outlined the terms: "The digital license for these images is included for two years. However, if you plan to use any shots for printed or above-the-line advertising, these would need to be discussed under a separate license." The client responded, saying they’d “never heard of a photographer charging licensing fees before” and tried to entice me with promises of future work worth thousands. 🚩 But licensing fees are standard in my contracts and with most photographers I know. While clients get the right to use images under these licenses, ownership stays with the photographer unless a mutual agreement is reached for unlimited usage rights. Here’s a quick breakdown of licensing and usage rights to clarify why this is so important: 📸 Photo Licensing Licensing is like “renting” the right to use a photo. It specifies how, where, and for how long the image can be used. For instance, a brand might license an image for social media but not for print ads. 📸 Usage Rights Usage rights define where and how images can be used. Key terms include: Exclusive: Only the client can use the images during the agreed period. 3rd Party: Others may also license the same image. Unlimited: Broad use without restrictions (and at a higher cost). 💡 My Standard Practice I include unlimited licensing for social, digital, and website use in my day rate. For print or advertising campaigns, additional licensing fees apply. If a brand requests full, unlimited, lifetime usage, it comes at a premium cost. This approach works well for clients because, by the two-year mark, most brands are ready to refresh their imagery to keep their content engaging and relevant. Understanding and valuing licensing not only protects creative work but also ensures transparency and fairness for both parties. What is your stance on licensing fees? 👀 📸 Shot for The Turmeric Co., Sept '24

You cannot take a photograph of someone who attended your event and use it to promote your next event. You cannot repurpose their image as free advertising for your commercial gain without asking them first. And you certainly cannot hide behind a clause in your event terms and conditions and call that consent! That is exactly what Goodtimes Africa, trading as Blankets & Wine, was accused of doing in ODPC Complaint No. 2175 of 2025. Aiko attended the "Blankets and Wine Tupatane OnjaOnja Summer Events 2025." She was a paying attendee, there to enjoy the experience. Her image was used by the organisers in advertisements for the event, without her knowledge, without her permission. When she complained, Goodtimes Africa argued that her consent was obtained through the terms and conditions shared with attendees. They claimed that the alleged infringement was not subsisting and that they had not used her image for any improper commercial purpose beyond what was contemplated in those terms. Office of the Data Protection Commissioner held that Goodtimes Africa had used the Complainant's image for commercial purposes within the meaning of Section 37(1)(a) of the Data Protection Act, as read with Regulation 14 of the Data Protection (General) Regulations, 2021. Promotional material designed to attract attendance at a revenue-generating event is commercial use. A general clause in event terms and conditions does not meet the legal standard. Consent must be express, unequivocal, free, specific & informed. It must be given by a clear affirmative action. There was no evidence that Aiko was informed her image would be used in promotional materials. There was no evidence that she took any action to signify agreement. And under Section 32, the burden of proving consent rested with the Goodtimes. They failed to discharge it hence they were ordered to pay the Aiko 𝐊𝐄𝐒 300,000 𝐢𝐧 𝐜𝐨𝐦𝐩𝐞𝐧𝐬𝐚𝐭𝐢𝐨𝐧. How many event organisers do exactly this thing? They take photographs of attendees, post them on social media & use them in promotional campaigns without a second thought. It feels harmless. It feels like documenting a great experience. It feels like the attendees should be flattered. But the law does not recognise feelings as a lawful basis for processing personal data. If you run an event, manage a brand or handle marketing in any capacity, this determination is worth reading carefully because it draws a line that many people may not know exists. You cannot use a photograph or video of an event attendee to promote your next event without their express consent. Their rights to privacy do not dissolve the moment they walk through your gates. Their images or videos are not yours to exploit commercially just because they showed up. Attached is a copy of the determination. Follow me to stay informed, share this post to educate your network. Data Privacy Lawyers Association of Nigeria (DPLAN) APLA-Association of Privacy Lawyers in Africa Daily Nation