Children's portraits

Discussion in 'Beyond the Basics' started by LaFoto, Mar 14, 2004.

  1. LaFoto

    LaFoto Just Corinna in real life Staff Member Supporting Member

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    This question has been on my mind for quite long, and since I see a good many children's photos on here, it's come back.

    When I first posted some photos of children to a discussion forum that is all different from this one but still accepts the odd photo, I was told by another member that I were not allowed to post any children's photos on the internet unless I had prior written consent by their parents. In the case of those photos, I didn't have that. So I quickly took them away again.

    OK, those photos were taken in the swimming pool, so there was something "vulnerable" and "delicate" about the children there.

    But in general? How many rights do we have to post children's photos or haven't we got any at all, unless they show our own children (and you can assume you agree to their being posted when you yourself post them)?

    There's a theme out in the themes-section on "rugrats" meaning children, and there would be some photos that I might want to add, but my own two no longer fit into that category (from what I've seen there so far), they're too old at 15 and 11, so all I could do is post other people's children's photos... but I am VERY reluctant to do so.

    My question goes even further and includes also adult people who might not want to be seen in the internet! But if you take photos of a marathon, for example, and you get a really good one of an unknown runner, there's no WAY to go about and ask his consent, you don't KNOW him!

    I find this a tricky thing!
     
  2. manda

    manda instigator of pottymouthedness

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    There was a thread about this a while back...
    Its a tough one.
    Some websites now have a disclaimer thing saying that you agree not to post children's photos. I guess it is because if there is some sort of child pornography bust, websites dont want to be caught up in it in anyway.

    Not sure about the laws but I guess if you post someone's child's photo without their permission, they may have a good chance at trying to sue you over it.

    I know Ive taken pics of kids and used them on the net. I intend on putting up pics I took today at a street parade without parents' permission. These children were part of a parade and waving at cameras. I doubt it would come into it for something like that.
    Taking a pic of a strange child in a park however may get you into some trouble no matter how innocent.
    I have recent photos of kids i took surfing and others at the cricket but i blacked out their faces, so that kinda makes me feel more at ease about it.

    Being a teacher, and teaching my class photography last year, I asked my principal if I could put the childrens work on a website about what theyd done. She said I wasnt allowed to as our laws now state that no school is allowed to put a child's photograph on the internet.
    The children were taking portraits of each other, and I was therefore not allowed to make the website. I have to get written permission from every parent for the children to even be allowed to participate in photography classes.

    It was cool at the cricket the other day though because one of my kids from last yr brought his camera and said to me "Miss, I know how to use this properly now and am going to take great photos using the skills you showed me last year." That gave me a warm fuzzy.

    OK I got way off track there, sorry!
     
  3. ksmattfish

    ksmattfish Now 100% DC - not as cool as I once was, but still

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    It all comes down to the law vs. reality. Are they really going to sue you? Can they sue you for more than removing the pic? Will they ever even see the pic? It probably depends on the pic and how you are using it. I doubt that even 10% of the photos posted on the internet are backed up by a signed model release.

    On the other hand, I now make it a habit of having people sign a model release. I keep mini release copies in all camera bags, and just get them signed. So far I've never had to bust out a release to defend my use of a pic. Most people are thrilled that I'm showing their portrait as an example of work I am proud of.
     
  4. markc

    markc TPF Noob!

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    Yup, written releases are important from a legal standpoint. Some states won't accept a verbal release.

    More info
     

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