Anyone ever received an email from photopass?

[CampbellzSoup]

Because we thought this was such a wonderful photo, we would like to use it in our various Disney PhotoPass Service and Walt Disney World Resort public relations and marketing channels – but only with your permission of course! Such uses could include, but are not limited to, the display, distribution, publication, or transmission of the above photo on various official Walt Disney World Resort and Disney PhotoPass Service social media pages, websites and more. We do not know the exact date or use of your image at this time.

If you authorize Disney to use the photo above in such a manner, every individual pictured in the photo is required to review, complete, sign and return the attached photo release form. If an individual in the photo is currently under the age of 18, a parent or legal guardian is required to review, complete, sign and return the photo release form on the minor’s behalf. You’re welcome to collect all of the signatures on the same photo release form. All three pages of the completed photo releases should be returned to us by replying to this email.

What say you disney family would you let them use your photos?

 

[dizneegirl]

How fun!

I wouldn't, just because we prefer to stay off the grid (no social media, etc.). But, if I were "out there" on the web, why not? It'd make a great family story/memory!

 

[ScubaCat]

It's missing the part about the free gift card or refunding your memory maker/AP photopass purchase in exchange for your permission.

 

[CampbellzSoup]

It's missing the part about the free gift card or refunding your memory maker/AP photopass purchase in exchange for your permission.

so say no right?

 

[bsmcneil]

It's missing the part about the free gift card or refunding your memory maker/AP photopass purchase in exchange for your permission.

Why? If one had spent resources to create the image specifically for Disney's promo use, sure. But it sounds like this was a candid shot, in which the OP didn't incur specific costs to create. Honestly, I was surprised this isn't already baked into the PP T&S (of course, notification is good - I just assumed their T&S allowed for the use). I definitely feel like if you expect compensation, you should pass.

 

[mom2rtk]

Why? If one had spent resources to create the image specifically for Disney's promo use, sure. But it sounds like this was a candid shot, in which the OP didn't incur specific costs to create. Honestly, I was surprised this isn't already baked into the PP T&S (of course, notification is good - I just assumed their T&S allowed for the use). I definitely feel like if you expect compensation, you should pass.

Could also have been a photo from one of their paid sessions.

You're surprised Disney didn't make the default that they could just use any photo from Photopass in their promotional materials? Yikes.

 

[bsmcneil]

Could also have been a photo from one of their paid sessions.

You're surprised Disney didn't make the default that they could just use any photo from Photopass in their promotional materials? Yikes.

If you post on Universal's site, for instance, you agree to the following statement:

If you post or upload any content to the Services (“User Content”), you hereby acknowledge and agree that you are granting Universal Orlando (including without limitation, its licensees, affiliates, successors and assigns) a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such User Content, and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed.

It's been my experience that most US amusement parks stipulate a waiver of rights to be used in their promotional materials (per their ticket T&S/T&C). US courts don't typically look favorably upon a wide waiver of rights - doesn't mean the language isn't still baked into the purchase of admission in the hopes that most people just accept it.

 

[mom2rtk]

If you post on Universal's site, for instance, you agree to the following statement:

If you post or upload any content to the Services (“User Content”), you hereby acknowledge and agree that you are granting Universal Orlando (including without limitation, its licensees, affiliates, successors and assigns) a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such User Content, and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed.

It's been my experience that most US amusement parks stipulate a waiver of rights to be used in their promotional materials (per their ticket T&S/T&C). US courts don't typically look favorably upon a wide waiver of rights - doesn't mean the language isn't still baked into the purchase of admission in the hopes that most people just accept it.

As a casual guest, I would read that as an assumption that I might be caught in the background of them photographing the parks. I think they are asking the OP for permission to use a photo with them very much the subject of the photo.

Does Universal actually use guest subject photos (not just "part of the crowd") in their promotional materials with that blanket waiver? I mean maybe they do. But I'd be surprised. Usually they want more carefully staged photos.

 

[cgattis]

When my kids were small, we were evidently captured by a university photographer while meeting the mascot at a football game at my alma mater. It later ended up (with no permission asked) in a lovely coffee table book. I only found out by an odd coincidence—a mutual college friend me and this photographer we’d never met. He was showing off his book and they spotted us! I proudly purchased a copy and love that we will always be part of that book about my school. So mine actually cost me money LOL but I love having it. Imagine seeing your family show up in a magazine ad, or the website, or even a book. If that makes you squirm, I’d pass; if it would be exciting and fun, I’d tell them yes. (Not like your name will be there with it for the creepers LOL)

 

[bsmcneil]

Does Universal actually use guest subject photos (not just "part of the crowd") in their promotional materials with that blanket waiver? I mean maybe they do. But I'd be surprised. Usually they want more carefully staged photos.

Probably not - my sense is that Disney, Universal, and a few other theme parks are at one level and other parks (Cedar Fair, for instance, or Dollywood/Herschend) focus more on UGX. My point was that places tend to bake in the waiver (and so permission isn't necessarily sought) and while I applaud Disney for communicating (because I think they really should receive explicit permission vs passively using their own property), I really didn't see why they'd offer compensation/anyone might expect it (unless one has used their resources - time, money - specifically to assist their marketing). The fact that Disney (not I) owns my Photopass pictures isn't lost on me and maybe is useful for more folks to consider as they're participating.

 

[scrappinginontario]

We received one of those years ago, got all excited, did all the paperwork and then....nothing. They never used the photo to the best of our knowledge.

 

[mom2rtk]

@CampbellzSoup I don't think there's a right or wrong answer. I think it would be fun to see your child's image in a Disney promotional piece. I saw the photos you posted and can absolutely understand why they'd ask to use it. You have an adorable family.

I'm sure your law enforcement background is sending off all sorts of warning bells. But it would be a fun special memory if they did use it.

We had a fun memory in 2008. We were in the lobby of the Grand Floridian taking pictures of my daughter and her friend by the gingerbread house. They had been to the Alice tea party and were in costume as Alice and the Queen of Hearts. We were actually approached by a Disney photographer and asked if he could photograph them for potential promotional use. It was a lot of fun and they gave us special pins of photographer Mickey. We actually were disappointed we never saw it show up anywhere.

 

[Sargeant Tibbs]

We got this email a few days ago, filled out the form and are now on the lookout to see if they use the photo of my daughter. It was one from our Capture Your Moment session at the beginning of August. We're so excited, and it will be disappointing if they don't use the photo.

 

[shawthorne44]

Not Disney, but we were very excited when a photo of DD and a couple of friends (DD was the focus) was used to advertise a kid's program for this national club we are in. Just recently a photo of her was the magazine for the same thing (different photo) We are planning on framing the magazine.

 

[lovethattink]

We were in the WDW Vacation Planning DVD years ago when my son was an infant. And they used the video for years. If you or anyone in the photo plan to audition for commercials, it could hurt their chances for booking other themeparks. Otherwise, I see no harm.