Opting-out of Magic, Memories, and You?

[Timekeeper]

I wonder how many (what percentage of) Magic Kingdom guests with PhotoPasses actually take advantage of the option to opt-out of having their photos considered for use in Magic, Memories, and You?

For those of you who don't know, PhotoPasses at the MK now come in a paper holder that provide instructions on how to opt-out by calling a 888 number and providing your PhotoPass card number, or speaking to a Guest Relations CM, at least 3 hours before the show. Although we assume that everyone has a cell phone nowadays, having to dial a telephone number or visit Guest Relations (which can sometimes have a very long line) seems like it could be burdensome. Even cell phones lose reception and battery power. Wouldn't the better idea be to add a third option: Let any PhotoPass photorapher know that you would like to opt-out, and they can scan your card, instantly capturing your opt-out preference. :shrug:

Well, returning to the original question, it's unlikely that anyone on these boards knows for sure what the statistics are on the number of people opting-out, but I would be curious as to what those numbers are.

 

[George]

Interesting. I would guess not many people use the opt out option, but it sure helps Disney cover their butt if someone doesn't want their pic on the castle.

 

[Timekeeper]

Technically speaking, it really wouldn't make a difference. I was surprised to find the opt-out option to exist in the first place. This type of release is generally incorporated into your admission license (ticket) anyway. There are frequently photos being taken and subsequently used in advertising, or various television programs being filmed, etc. This type of specific opt-out is rather interesting.

 

[Andrew54]

In that case no one will hardly opt out, but they did offer it. Its a win/win for Disney

 

[DisneyJoe]

Technically speaking, it really wouldn't make a difference. I was surprised to find the opt-out option to exist in the first place. This type of release is generally incorporated into your admission license (ticket) anyway. There are frequently photos being taken and subsequently used in advertising, or various television programs being filmed, etc. This type of specific opt-out is rather interesting.

I was going to say the same thing - just by being in the park, you give them permission to use your photo in their advertising and other items.

 

[Rob562]

Though it may have been a long time since you've used one, there are still pay phones spread all around the park. No cost to call the toll-free number. (Though I did just glance at a recent park map and noticed that their locations are no longer marked on the park maps)

-Rob

 

[Tigger1988]

I was going to say the same thing - just by being in the park, you give them permission to use your photo in their advertising and other items.

They still need to ask permission before using your Photopass photos in advertisements. We were asked, signed a waiver and received compensation (in form of 3 free PP cd codes) in return for giving them permission to use 3 of our photos.

 

[David S.]

I'm the shy type that would definitely Opt-Out of this, but thankfully I don't have to since I don't use Photopass. Still, I am glad that people who do use the system have a way of opting out of having their image used in public, and I think offering an opt-out is the right thing to do.

 

[Timekeeper]

They still need to ask permission before using your Photopass photos in advertisements. We were asked, signed a waiver and received compensation (in form of 3 free PP cd codes) in return for giving them permission to use 3 of our photos.

Not necessarily. It depends on the extent of the express "permissions" granted in the license of admission. I haven't read it recently, but knowing how broadly Disney covers their bases, my guess is that it's broad enough to cover pictures taken by PhotoPass peeps. On the other hand, it might not be. The applicable law is Florida Statutes 540.08 - Unauthorized publication of name or likeness (applies to commercial purposes). What you experienced was good PR, because a simple "okay" on your end would have sufficed. The law is more protective when the images are used commercially, but even then, a commercial/advertising purpose is a pretty specific creature in itself. What you described sounds like it was definitely intended to be used in some commercial/advertising context. :sohappy:

 

[fosse76]

I was going to say the same thing - just by being in the park, you give them permission to use your photo in their advertising and other items.

Yes and no. Because of the possibility of having your image captured in the background, Disney is maming its guests aware that they may be photographed. However, use of photopass pictures is different. You aren't in the background...you are the focus of the image. And that image is now the focus of an advertising campaign, which Disney needs your permission for use.

 

[Timekeeper]

Yes and no. Because of the possibility of having your image captured in the background, Disney is maming its guests aware that they may be photographed. However, use of photopass pictures is different. You aren't in the background...you are the focus of the image. And that image is now the focus of an advertising campaign, which Disney needs your permission for use.

Have you ever used PhotoPass before? It's not uncommon for other guests to appear in the background of a PhotoPass photo, even when certain people are the "focus of the image." Of course, Disney would simply select/edit a photo so that the non-releasing individuals are either not present or not recognizable. With so many photos and guests to choose from, it's a non-issue.