If the owner provided the photos then you are not liable. However, as a common courtesy, you might inform the owner about obtaining consents from the construction workers (if they are his employees, friends, etc.) to use the photo(s) on the website. Typically, if their faces are not showing or is not identifiable, chances are that nothing needs to be done. Nevertheless, it's important for the owner to understand his rights and the rights of the employees.

If these are stock photo purchased from an online stock photo site then he will need to read the copyright details for each of the site he obtains the photos from.  In most cases you can use images on a business site for general purposes.  Where it draws the line is that if you use the images for profit on materials like t-shirts, coffee mug, etc. 

The other main copyright issues is that if you use the image for the company logo. This  will certainly bring up a problem if the company does not obtain exclusive rights from the owner of  the image that is being used.

Please note that each circumstance are different and that the information I have provided is my opinion only.  It's the duty of the company/owner to check the copyright terms and use.

Last edited by newseed (2009-04-09 09:02:29)

Web sites do not have their own laws, they fall under long time laws covering Media. A general rule of thumb is that if you can get consent, they should. I used to be webmaster for the Capitols newspaper. The web site and the paper came under the same laws. If the picture is of someone/people who are center objects, they need to agree.

If they are background and happened to be caught... then you generally don't know it and consent is not required. Imagine a sports photographer having to track and ask every person in the bleachers...

So the basic rule of thumb is that if they are the subject they need to agree, if they are more background noise they do not.

This case however is different in that it sounds like they are employees. I cannot say what law would cover that... they are working on his behalf, it is the company web site so they may not have a say in it. A good boss would ask if anyone has an issue of that person is the target/focus of the photo.

I done a school website and government web sites of employees where people did not want their image online. So that should be respected and not used. But as web designer that is not your call, that should be handled by the employer/owner.

My wife did photography for the paper. she always asked first and once in a while someone would decline, but rarely. Another freelance photographer got in allot of trouble for photographing kids at a Santa thing and not telling anyone why. he did not identify himself to anyone, and we had to jerk all the images offline to avoid problems when the organizer saw the kids online without permission from them or the parents.

I would doubt that the employees would sue you. The Boss should be the one getting their consent as well. Are these personally identifiable people? Are they named on the picture?