For this post I am straying from my traditional “Fair Housing Lady” role to share a bit of information on social media marketing. (And to show, perhaps, that I am capable of knowing about more than one thing, which I am.  And if I write about social media, you might think I am cool, which I am not.)

Many of you MultiFamilyInsiders are promoting your communities through Facebook or through an ILS (internet listing service).  With social media (or “SM”, which does, I know, have a kinky connotation) it is all about people and relationships (goodness, we are sounding kinkier by the moment) and photos of folks are a great way to create those relationships.

Once upon a long time ago, you advertised your community only in the newspaper (and if that is still the case, that is just fine – whatever marketing avenues work for you).  You knew it wasn’t right to stick the flash cube on your camera, take a photograph of one of your residents, take that film to be developed, pick up the photo some days later and then use that photo in your newspaper ad.  And while times have changed (some of you are now asking “What is a flash cube?”) and the marketing of communities has evolved to include way more than just print advertising, you need to know that the rules really haven’t changed much at all.  You should not take your digital camera, smart phone, video cam and/or other modern technology tools and capture the likeness and/or voice of your residents and put that on a website or post to any SM venue without permission! 

I have heard that some of you are putting language in your leases requiring your residents to give eternal permission to you to post their photographs everywhere and anywhere.  If you can get them to sign that, good for you.  But I do not believe that those residents can sign away the rights of their guests, and especially not the rights related to their guests’ children.

I have heard that some of you are saying to residents that if they attend an event, you get to use photos of them.  I think that has risk factors, too.  Just because I choose to attend an event as a resident at the community does not mean that I should automatically have to give up my rights to privacy and publicity.

And if I do not want to give up those rights, you are telling me I cannot participate in events at the community with my neighbors?  Ouch!

I think it is a far better business/ risk management decision to address the permission issue with “real time model releases”.  If you are having an event at your community where you will be taking photos of lots of folks, create a Model Release sheet with, for example, “Hawaiian Pool Party – July 13, 2011”, then language along the lines of “permission to use my image and/or statements from this event, written or recorded, for commercial purposes is hereby granted, now and forever”, signature lines, and ask residents to sign.  Then post away, whenever and wherever, using the pix or footage of everyone or anyone that signed at that event.   I strongly suggest that you never, ever post without permission.

Where do you get such “along the lines of” language that I mentioned above?  Wisdom would dictate that you seek your own guidance on that, because this post is absolutely NOT LEGAL ADVICE from me or the wonderful company that continues to employ me.

Two more tips (I always have something more to say!):

• Keep your Model Releases FOREVER (and ever)! 
• Remember that employees at your community need to sign a Model Release too if you are ever going to show them (or have their voices) in any of your advertising, SM or otherwise.