Daycare Photo Shoot/Advertising Opp.

[AprilRamone]

Hey Everyone,
Here are some of the images I got away with when I visited this daycare site. The deal is that I am to take pictures of the children playing and then I can display them at the daycare with my contact info. Has anyone else done this type of thing before to get business? If so, how did it work out? I am hoping once some of the parents see some of the cute shots I got of their kids they'll call me for their own session. I have created multiple "scrapbook" style pages for the director to hang on the wall with a pocket for my business card. Plus, on every page I did, I have my contact info. I'll let you guys know how it goes.

 

[Digital Matt]

I would be careful, becuase you say you "got away with" taking these, and that sounds like you don't have a model release. Some parents might be angry to see pictures of their kid displayed without their permission. You should really talk to the parents of these children first, and get signed model releases.

 

[AprilRamone]

You're right. I absolutely would not put these on my website or use them in advertising or anything unless I get a model release. However, the director called me and asked me to come and take pictures of all the little kids at the daycare because she wanted to have them on the walls there and I could put my contact info with them. I can't get in trouble for that can I?

 

[Christie Photo]

I can't get in trouble for that can I?

uhhh... I don't know, but it's a really good question... especially in today's climate. I doubt the director is in a position to speak for someone else's children.

I like to think that you'd be okay, but it's not really clear.

I've done a daycare. My daughter-in-law is the director. It's a good sized operation (about 150 kids). I handled it like "school pictures," with pre-paid orders. I feel that the parent's order is authorization to make the photos, but I would bet that they didn't even consider that the photos would be displayed publicly. As a courtesy, I would ask each individual parent before putting any image on display. I supsect they would be flattered and promtly say yes.

I do know that at this facility, some of the children's parents are lawyers. I don't think I'd leave myself exposed.

I'll ask my daughter-in-law what she thinks about this.

Pete

 

[Christie Photo]

OK... this is interesting. She tells me that at her facility, when children are enrolled, the parent signs a blaket photo release. They can use any images in any way, including print advertising.

BTW... she thinks your idea is "awesome."

Pete

 

[AprilRamone]

Hmmm...I think I will ask the director if they have something like that blanket picture policy. I kind of doubt anyone is going to be mad about it because I saw much more unflattering images of the children hanging on the walls when I was there. But you never know. Perhaps if she doesn't have a policy like that, I'll just tell her to take down whatever offending portrait gets a complaint. Thanks for the info guys!

 

[LaFoto]

Similar situation, different approach by myself (in so far as I am not hoping to get into business):

I was asked to take a whole photo shoot of a ballet school rehearsal a week ago today, and in my photos there now are very many children of all ages, beginning at a cute 3 or 4 up to young adults. The idea of the ballet teacher was to display all these photos on the walls of her school. And some should maybe go into the local newspaper or the programme brochure for their performance.

Now I am not even sending any photos of the kids to here, though it would itch me to get people's opinions on some of them, but unless I know for sure that my release form (which I drew up specifically for these photos, i.e. taken during rehearsal or the performance of this school's ballet piece) has been signed by the parents or the persons themselves, I won't have any of their pics shown in public.

The ballet school teacher was a little surprised when I started talking about a release form, but saw the reason why this was needed immediately. So now she approaches all the parents with that form and asks them to sign it. They all will sign it, I am sure. But afterwards, both teacher and I will have much more freedom to do something with the photos taken.

 

[JonK]

cute shots ...i especially like 2 and 4 tho I am curious as to how you converted the second one...kinda looks like desaturation.

 

[Digital Matt]

You're right. I absolutely would not put these on my website or use them in advertising or anything unless I get a model release.

Yes, but you have already displayed them on an internet forum, to complete strangers, without any parental permission. If I was a parent, and happened to stumble upon this post while surfing the internet, and see my child, I'd be pretty upset.

I work for a school photo company, and we regularly use kids images for promotion, but let me tell you, we have model releases. There was one incident where we called a mother to ask for her permission to use her child's portrait on a flyer, and she was furious, and said no way. There have been other incidents, where the parents had their children involved with modeling and were under contract from another agency. This is all stuff I would want to be sure wasn't going to burn me, before I jumped into this.

If I were the owner of the daycare, I'd be concerned too, because this can be a problem for them as well. If you do like lafoto said, and have each parent sign a release, organized by the owner of the daycare, then you can be free to do what you want, including making brochures, flyers, and advertising yourself in any way you choose. It's a win win situation for you, because it allows you to expand your marketing and your business. Why not do it at several local daycare facilities?

 

[Oldfireguy]

I question any blanket policy regarding a photo of a child in a daycare and the use of that photo. I'm betting it would be limited to daycare use only and not posted on a public forum.

There are so many legal issues that I would have gotten a release from the parents. Custody battles, abuse issues, protective custody, foster kids being hidden from their parents, on and on.

Not sure if the parents of these kids know their photos are on the forum but if they don't I would pull them and get written permission first.

 

[markc]

It could be argued that you were using the photos, not the daycare. Since you aren't an employee, you wouldn't be covered under their release. They would have usage rights and probably not anything transferable.

 

[AprilRamone]

Oh boy. I am way too naive. So how do you take down a post that you've put up?

 

[AprilRamone]

Ok, nevermind...I just took down the photos. I didn't even realize that it could be a problem! I'm sorry!
But, this poses a question for me. Lots of people post pictures of people that they have taken without their knowing on the internet or even publish in the newspaper without needing a consent form signed. Is the only difference with this because they are on private property? What if someone was just at a public park taking pictures of the kids playing? Basically, how does one decide when they need a consent form? If you pretty much need one all the time, do you carry them around with you in your camera bag?

 

[ShutteredEye]

Ok, nevermind...I just took down the photos. I didn't even realize that it could be a problem! I'm sorry!
But, this poses a question for me. Lots of people post pictures of people that they have taken without their knowing on the internet or even publish in the newspaper without needing a consent form signed. Is the only difference with this because they are on private property? What if someone was just at a public park taking pictures of the kids playing? Basically, how does one decide when they need a consent form? If you pretty much need one all the time, do you carry them around with you in your camera bag?

From my understanding, if they are in a public place, they don't have a "reasonable expectation to privacy." This means you can use them as you see fit. Daycare, even public schools, aren't public space, so it gets sticky.

On top of that, most parents are a bit on the protective side, and could make things more trouble than the image is worth to you.

Of course I could just be completely wrong, in which case I'm sure someone will gleefully set me straight.

 

[markc]

The Internet isn't the best place to get law advice. You are going to get a mix depending on people's understanding.

My understanding is that you can't use a person's image even if they are in public. The distinction is often based on if the image is used in a news reporting way. You can't use someone's image in your advertising, no matter how public they are. Otherwise celebrities would have their face on every product advertisement under the sun.

You really need to look this up. Laws will vary by location, so you need some solid local law references.