Understanding Copyright and Privacy in the Use of Race Event Photos

Published on 8/9/2024

When organizing a running event, one of the crucial aspects that is often overlooked is the use of participant photos. Many event organizers use these photos for commercial purposes or social media content without considering the legal regulations that apply. However, in Indonesia, several laws must be followed to avoid violating copyright, privacy, and ethical standards.

Photos are considered copyrighted works and are protected under Law No. 28 of 2014 on Copyright. The photographer or the copyright holder has the exclusive right to determine how the photos will be used. This means that if event organizers wish to use participant photos for commercial purposes or social media, they must first obtain permission from the photographer or copyright holder to avoid infringing on their rights.

In addition to copyright, privacy and personal data protection must also be considered. Photos depicting individuals can be classified as personal data under Indonesia’s Law No. 27 of 2022 on Personal Data Protection (PDP Law). This law requires that any use of participant photos that can identify them must first have the individual’s consent. Furthermore, Article 1365 of the Civil Code provides for penalties if someone’s privacy is violated and they feel harmed by the unauthorized use of their image.

To ensure compliance with the law, race event organizers should take several key steps. Obtaining written consent from participants is essential, and this can be integrated into the registration terms and conditions. It is also important to clearly inform participants about how their photos will be used, whether it is for social media, promotion, or any commercial purpose.

Organizers should also respect participants' privacy by providing an option to opt out if they do not wish for their photos to be used. Additionally, organizers must ensure that any use of photos is authorized by the photographer or copyright holder, upholding the rights of all parties involved.

Ethically, organizers should also be mindful of how photos are used to avoid causing harm to participants. Photos should not be used in ways that could damage a participant's reputation or be associated with inappropriate contexts. If there is any change in the intended use of the photos, organizers should be transparent and notify participants.

By understanding and adhering to these regulations, race event organizers can avoid legal violations, maintain a strong reputation, and build greater trust with participants. Ensuring that participants' rights and privacy are respected at every step is essential for the success and integrity of any event.