parental consent question

Sarahbot2000 · Apr 6, 2010

Hi,
I have used pictures of a little girl as studio samples. I got the moms consent. We only use the pictures on Facebook and in our in studio preview binder. The girl told her dad that she models. The mom told me that the dad is freaking out that she didn't get his consent as well. I want to know if I legally need both parents consent. I used to work for a corporate portrait studio and we only needed one parents signature. I think the dad might think she is actually modeling and getting money for it. I am going to take all the pics down anyways but I don't want him to sue me.... Do any of you know the legal info there? I am in California.

Thanks!
Sarah

TheSolicitor · Apr 6, 2010

Parents still married?
Divorced?
Who has custody?
Who is the primary guardian of the child if the parents are divorced?
Which parent is the one in control of the "medical question" (child is injured, which parent must give the OK for a medical procedure)?

How old is the girl?
Is dad fully aware of what exactly his daughter meant by "modeling"?

It sounds like some signals got crossed between daddy and daughter, mommy and daddy, and you're caught in the uncomfortable middle...

Sarahbot2000 · Apr 6, 2010

The girl is 5 years old. The parents are divorced and the daughter lives with her mom. Mom and Dad had 50/50 custody. I don't think the dad knows exactly what she meant by modeling. She hasn't responded to him yet.

TheSolicitor · Apr 7, 2010

Sounds like more misunderstanding than anything else. I don't think you'd have to get the consent of the other parent, and if the allows you to photograph her child, there is a compelling intellectual property argument to be made that until and unless you sign over the rights to your photographs (to anyone) they are yours to do with what you please.

Either way, I think you did the best thing you could to avoid conflict going either way, and once it gets ironed out, you should have a more clear idea of what both parents' wishes are. Sometimes the golden rule answer is better than a legal answer. Good on you.

myfotoguy · Apr 7, 2010

TheSolicitor said:
Sounds like more misunderstanding than anything else. I don't think you'd have to get the consent of the other parent, and if the allows you to photograph her child, there is a compelling intellectual property argument to be made that until and unless you sign over the rights to your photographs (to anyone) they are yours to do with what you please.

Either way, I think you did the best thing you could to avoid conflict going either way, and once it gets ironed out, you should have a more clear idea of what both parents' wishes are. Sometimes the golden rule answer is better than a legal answer. Good on you.

Excellent post, I agree!!