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Do I have to ask permission?

SabrinaO

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I'm going to open up an etsy store. I make a ton of headbands, wraps and crochet hats for the newborns and babies for my sessions. I want to start selling them (the items :lol:) and the patterns on Etsy. Do I have to ask permission to feature the photos of their children on etsy, or am I just the rightful owner of the pics and I can do as I want? I mean I don't mind asking... i just have to contact a lot of people, and wait for their responses.
 
My guess is yes you do. However we are not lawyers. You should ask a lawyer.
 
I'm going to open up an etsy store. I make a ton of headbands, wraps and crochet hats for the newborns and babies for my sessions. I want to start selling them (the items :lol:) and the patterns on Etsy. Do I have to ask permission to feature the photos of their children on etsy, or am I just the rightful owner of the pics and I can do as I want? I mean I don't mind asking... i just have to contact a lot of people, and wait for their responses.

Since it involves children it's best to get a signature release from the parent or guardian before displaying images that could net you a profit. In today's society people can sue for just about anything-better to ask permission than lawsuit forgiveness.
 
I'm sure you'll need a minors release signed by the parents. This should've been done prior to shoot and depending how your contract is stated you may not have this in it. Should be reviewed by your attorney. You do have an attorney?
 
No I don't have an attorney lol
 
There are 3 professionals you always want on your side in business.
a. An Attorney..
b. An Accountant.
c. A Banker.

Your business may go south quick not having one of these.
 
You absolutely need permission... written and signed. Anytime you're doing anything with a photo of a person that is being used to sell a product or service you need permission. Look for photography release forms on the web. Last I checked there are some solid ones on istockphoto.com
 
Do you have releases from your sessions? Your release should provide for blanket usage of the images at your discretion. assuming it is worded properly.
 

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