If you want to use images or films while creating your own educational resources, and these images contain the face of a third party (such as your students or friends from work), you must remember about the right of publicity.

1. What is necessary to publish an image with someone’s face in it under a free license?

You must own the copyright for the image, and the permission of the person whose face is contained in the photo. Permission is not required in three cases:

1. when the person received monetary compensation for their image and did not forbid publishing;
2. when the person contained in the image is well-known, and their image was captured during a public event, especially political, social, or professional;
3. when the person is only one part of a larger group, landscape, or public event.

To use the image of children (minors), written person is required from the parent (legal guardian).

2. What is the relationship between right of publicity and the ability to publish photographs on a free license?

CC licenses don’t include permission to disseminate an image. So, publishing a portrait on a free license requires the permission of the person, unless it is one of the above cases.

3. Who needs to collect permission for publication from people taking part in an event or work party?

In the case of a party, permission to publish the photographs should be obtained by the organizer. Permission is not needed for group or crowd shots (such as at a concert). Permission is required for individual portraits or close photographs of a few people.