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Privacy Notice:

This privacy notice discloses the privacy practices for http://www.watsonbaptist.com This .privacy notice applies solely to information collected by this web site. It will notify you of the following:

Information Collection, Use, and Sharing:

We are the sole owners of the information collected on this site. We only have access to collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.

We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Your Access to and Control Over Information:

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:

Security:

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. We use Network Solutions Website Data Security and PayPal Security & Privacy.

Is PayPal safe to use?
PayPal protects your financial information with industry-leading security and fraud prevention systems. When you use PayPal, your financial information is not shared with the merchant. Once your payment is complete, you will be emailed a receipt for this transaction.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at 225-667-8818  or email at watsonbaptistchurch@watsonbaptist.com.


Can You Post Photos/Videos on Your Church Website
Without the Permission of the Persons in the Photos or Videos?


In short, yes. But it is still a good idea to ask anyway.

A person's face cannot be copyrighted, only the photo or video can. US Copyright Law protects only an "author's work" not your moosh.

A person's image photographed or video taped in a public place is not considered an invasion of their privacy.

Privacy and Anti-Defamation Laws protect a photo or video from being used in a defamatory manner.

Non-commercial use of a person's public image on a church website falls under the legal concept of "appropriation" which guards someone from using your image or video to sell a product without your permission.


Reality Check:

1. The Internet has tens of millions of photos of children on it. Type the word "kids" in Google's image search engine and you get 5,460,000 image files with the word "kids" in them, and that's not counting all the photo files of kids which do not have the word 'kids" in the filename! So... the odds of some creep finding your pancake breakfast photos of kids and doing something bad with it, is in the same statistical ballpark as one of your kids getting hit by a train, at night, in Timbuktu, while riding a donkey and wearing the crown jewels of England.

2. The truth is that "stranger danger" isn't the real problem for the church.
It's the people you DO know who are FAR MORE statistically likely to cause harm.

Having said all this, I recommend alerting the congregation that some photos of events will be posted on the church website, in newsletters and on bulletin boards. Of course, they should already know this, but there are always a few who don't.  Furthermore, addresses of children, and even adults, should not be included with photos. I'm not one to give in to the irrational fears of those who believe the boogey-man is waiting to swoop down on your church website's images.
But some common sense and common courtesy is warranted.


DETAILS

The US Copyright Law isn't very long, and it makes no mention whatsoever of a person's face. Copyright as defined in Federal Law can only be applied to an "author's work" ....written, audio, visual, etc. You can read the entire law at http://www.copyright.gov/title17/92chap1.html#102

Privacy laws vary by state. In general, the issue is not the existence of a person's face in a photo, but the intended use of the photo and image.


Examples:

The local TV News can come to your child's school and videotape all the children they want, and show what they want. But the only thing copyrightable is the edited videotape itself. And they don't have to obtain permission of all the kids' parents. Why? Because it's "news"  --which is "fair use" as defined by the US Law. 

If I am in a public place, I cannot claim my privacy was violated by someone taking my picture or video which included my image. But if they use it to sell men's cologne, our children's curriculum, then I have cause for legal action under a legal principle called "Appropriation."  Having said all this, even some commercial use of my image in a photo is permitted as long as my image is not the focus of the photo. 

My recommendation is to CLEARLY announce through both printed materials and the website that pictures of members and their children may be posted around the church, and on the website. If anyone has a problem with that, they should contact the church and ask that their image(s) not be included.

 


Supporting Addendum from a legal firm specializing in this subject:
 
The courts generally agree that anything visible in a public place can be recorded and given circulation by means of a photograph since this amounts to nothing more than giving publicity to what is already public and what anyone present would be free to see. The Anytown example is based on a New York case in which CBS broadcast a clip showing a male and a female construction worker walking hand in hand down Madison Avenue. It turned out that they were married, but not to each other. The court in that case ruled that there was no invasion of privacy. [De Gregorio v. CBS. Inc. (N.Y. Sup. 1984), 123 Misc. 2d491, 473N.Y.S.2d922].
 
...when a person is incidentally shown in a photograph, depicting some public event, an appropriation claim should be unsuccessful. In a recent case, a dog-racing park put out a promotional brochure which contained photographs of patrons at the park, and two of those depicted sued the park for invasion of privacy. Even though the brochure was distributed to promote the park commercially, the court denied the claim because there was no commercial advantage to the incidental use of the patrons' photographs. [Schifano v. Greene County Greyhound Park. Inc. (Ala. 1993), 624 So.2d 178].
 
Some cases have resulted in liability, but those cases generally have involved clearly objectionable photographs. For there to be liability for disclosure of private matters, the disclosure must be unreasonable; that is, offensive or objectionable to a reasonable person. For example, an Alabama reporter photographed a woman at a county fair. There was no dispute that the woman was in a public place, however, the photograph was snapped in an embarrassing moment when a gush of air blew the woman's dress up. In an apparent lack of good judgement, the newspaper ran the photo on its front page, and the Alabama Supreme Court ruled the paper was liable in damages to the woman. [Daily Times Democrat v. Graham (A/a. 1964), 276 Ala. 380,162 So.2d474J. The cases suggest that as long as the photograph is not offensive or objectionable to the reasonable observer, a claim based on disclosure of a private matter will not succeed.
 

Authors: Barry 0. Hines and R. Kurt Wilke, Springfield Illinois lawfirm of Segatto, Hoffee & Hines, where their practice includes representation of media and other clients on defamation and First Amendment issues. Mr. Hines is past Chairman of the Illinois State Bar Association's Fair Trail/Free Press and Media Law Committee.