Is a Facebook Page Post considered editorial or advertising?

[dhc02]

I manage a Facebook Page for a Destination Marketing Organization (a government body). Our posts are frequently created while our employees are on "road trips" around the state to various events, and might be a photo of a landscape, a sign, a building, etc. with a short description. For example, we might post:

"On the road to XXXX this weekend. Check out the size of this sandwich we found at a roadside diner in XXXX."

To be clear, our organization does not derive revenue in any way other than tax dollars; we do not directly trade anything for money. However, we are sponsors for some of the events we go to, and even purchase advertising to help drive attendance to them as promoting travel and tourism is our mission.

If we take a photo while on the road that includes an identifiable person, we are wondering whether we need to obtain permission from that person if we are to post that photo in the manner described above.

The crux of the question is: in our case and in general, can a Facebook Page Post be considered editorial, or is it always advertising?

Thanks in advance,

dc

 

[LordofBooks]

It'd be a lot safer to get the person's permission first and tell them exactly what the picture is going to be used for, especially if the person is a celebrity. You don't want to accidentally get your company sue for false light or misappropriate of a person's image since the person can allege you are trying to make it seem as if they're endorsing your product.

It's debatable as to whether you're use of a person's picture would count as misappropriation, but you should get permission just to be on the safe side. There is actually an ongoing lawsuit between Burberry and Humphrey Bogart's estate on exactly this issue: http://www.hollywoodreporter.com/thr-esq/humphrey-bogart-casablanca-burberry-lawsuit-facebook-319907

You don't want that to be your company, so just get permission.

 

[Zigner]

OP states that he works for a governmental entity. Seems to me that the legal counsel for said governmental entity would be the best one to get advice from.