First Time Publishing Question

[kjs1130]

Hello,

I recently started doing photography more than just a hobby and I have a few questions.

I currently do sports photography mainly. All of my sports shots came from public lacrosse games involving minors. It is good to note that I did have a sibling playing on the field during every game I took pictures at, I didn't go to random games and take pictures. I am starting to build my portfolio online, and I need to know if there are any legal issues when it comes to publishing shots of minors online. I did not get any kind of release of information. It is hard to identify who the minors are unless you know the jersey number of the minor. Any pictures that have a recognizable face I will not be publishing online in my public forum.

Can I publish these pictures in my portfolio, or do I need to get into contact with the parent of the minors before publishing them?

Thank you!

*Edit*
The season is over. It might be possible for me to get an email list from the coach. I am only using the images in my portfolio. I will not be making a profit off of the images.

I won't just be using back of the head shots. It is required for boys to wear helmets. So a lot of my action shots are not close-ups of players faces.

 

[CowgirlMama]

Technically, I don't think you're required to contact the parents, but I *highly* recommend signed releases for any minors that you post online or anywhere else.

 

[KmH]

Model release law varies by state. An online photography forum is a poor place to be seeking legal advice. I recommend you contact an attorney familiar with both release and publication law as it applies in Idaho.
Unlike traffic laws, release laws are not all that cut-and-dried.
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Are Photographs Posted On the Internet Published? | Photo Attorney

In general:
No one in a public setting, like a lacrosse game, can have a "reasonable expectation of privacy". As such, you do not need parental permission to post images of minors online in an editorial (non-commercial) use.
You do need a parental release to use images of minors for commercial use. Here the legal definitions of editorial and commercial use apply, not the general public notion of those terms.

In general:
Photographers are granted latitude for self-publishing and self-promotion.

When you put your images on the Web, in a portfolio or in a catalog to promote yourself, or make the photos available for sale or licensing, this form of self publishing is not considered a form of commercial use that requires a release from the subjects in your photos. Page 127 - A Digital Photographer's Guide to Model Releases: Making the Best Business Decisions with Your Photos of People, Places and Things

 

[orljustin]

"I currently do sports photography mainly. ". ie, you took snaps of your brother/sister and their friends playing games.

If you really think you need a 'portfolio', why not just use the pics if your relative?

 

[vintagesnaps]

I was just watching the college lacrosse semifinals on ESPN today... I've done sports photography, mostly hockey. In youth sports in my area the coaches usually have releases signed by the parents for publicity purposes already on file. That may not cover you using the photos in your portfolio (especially online as that could be making the photos public) or for any other potential future use. For subjects under 18 I think you'd need the parents' written permission to use the images.

You could look on websites like ASMP at American Society of Media Photographers or PPA, they're professional photographers organizations that have info. on releases, licensing, usage, etc. (typically editorial use would be photos published in a newspaper, retail use would include selling or licensing the photos, commercial use would be in business or advertising). edit - You might also find some info. on http://www.sportsshooter.com .

I think your best option would be to go thru the coach. If he/she isn't able to release the families' info including their email addresses, the coach might be willing to forward an email you write to the parents asking for them to sign releases, then they can contact you. Chances are at least some families would give permission so it would give you some pictures for your portfolio.

If you're considering putting your photos anywhere online I'd recommend reading Terms & Conditions of the website to make sure not just that they state you retain ownership, but to make sure you aren't by signing up giving them permission to use your work for unspecified purposes with no compensation. Good luck, you seem to be on the right track in the way that you're handling this.

 

[Josh66]

Any pictures that have a recognizable face I will not be publishing online in my public forum.

I think this will severely limit you, especially if these are going in your portfolio. How many "back of the head" shots do you really want in there?

I mean, the very shots you will not use are the ones everyone wants to see.

I don't understand this "minors can't have their picture taken" thing, and it's not just you - it's everywhere.

 

[amolitor]

I don't understand this "minors can't have their picture taken" thing, and it's not just you - it's everywhere.

It is actually, as near as I can tell, the last vestige remaining in our society of the "pictures contain my soul" superstition.

 

[KmH]

You do not need parents permission for an online editorial use of images of minors.

Faces are not the only means that can be used to establish 'recognizability'. In other words some people are recognizable in a legal sense, even if an image shows them from the back.

I don't understand this "minors can't have their picture taken" thing, and it's not just you - it's everywhere.

+1. Or posted online. Both are Urban legend.

 

[kjs1130]

1

 

[The_Traveler]

Now that I have more experience and knowledge I can more comfortably move into other sectors of the field. I think it would be wise for you to remember "If you have nothing nice to say, do not say anything at all". I genuinely came here with a questions and only sought to get a little bit of help. You have no place to attempt to detour anyone off of a path that they are seeking to venture out on.

So, if we see you crossing the street in the path of a bus, we should not say anything?

Perhaps you should realize that when you ask a question on the Internet, you have no control over how and what people answer, particularly when you come into a forum where that exact question, or its equivalent, has likely been asked before and you are showing your disregard for our time by not searching for an answer before asking.

 

[terri]

Now that I have more experience and knowledge I can more comfortably move into other sectors of the field. I think it would be wise for you to remember "If you have nothing nice to say, do not say anything at all". I genuinely came here with a questions and only sought to get a little bit of help. You have no place to attempt to detour anyone off of a path that they are seeking to venture out on.

So, if we see you crossing the street in the path of a bus, we should not say anything?

Perhaps you should realize that when you ask a question on the Internet, you have no control over how and what people answer, particularly when you come into a forum where that exact question, or its equivalent, has likely been asked before and you are showing your disregard for our time by not searching for an answer before asking.

And yet you never fail to have time to make cracks like this. :er:

You have also misread what he was referring to, making your comment even less helpful. Don't answer if it's so painful for you.

 

[The_Traveler]

I think, and still do, that coming into a forum as a new person, asking a question without taking much effort to do a search here or anywhere (https://www.google.com/search?q=bmo...=chrome.0.57.18778j0&sourceid=chrome&ie=UTF-8 supplies a host of right on target answers ) and then chastising the form or content of the answers is rude.

 

[kjs1130]

Now that I have more experience and knowledge I can more comfortably move into other sectors of the field. I think it would be wise for you to remember "If you have nothing nice to say, do not say anything at all". I genuinely came here with a questions and only sought to get a little bit of help. You have no place to attempt to detour anyone off of a path that they are seeking to venture out on.

So, if we see you crossing the street in the path of a bus, we should not say anything?

Perhaps you should realize that when you ask a question on the Internet, you have no control over how and what people answer, particularly when you come into a forum where that exact question, or its equivalent, has likely been asked before and you are showing your disregard for our time by not searching for an answer before asking.

Little did you know, I did attempt to look for my questions. I did not feel like it had been asked in the same manner in which I was questioning. I was only attempting to get help. I was hesitant to even ask on a public forum because there are a few people who feel that it is their god given task to be as extremely rude as possible.

Yes, I am new to this, and yes I am still learning. I only wanted to make sure that I did everything as professional as possible before trying to make a name for myself. I thought that maybe finding others who were once in my shoes was a good option, but I feel like that choice was incredibly wrong. I am sorry you felt like I was wasting your time, but if that was the case you did not have to reply.

I would like to thank those who did actually try to help. It was much appreciated, and I will take your advice into consideration when moving on to other projects.

 

[terri]

I think, and still do, that coming into a forum as a new person, asking a question without taking much effort to do a search here or anywhere (https://www.google.com/search?q=bmo...=chrome.0.57.18778j0&sourceid=chrome&ie=UTF-8 supplies a host of right on target answers ) and then chastising the form or content of the answers is rude.

Your opinion on this issue does not matter. Your replies were rude and of no help. Don't involve yourself in a thread if you take exception to its content - keep the peace.

 

[vintagesnaps]

Thank you Terri! That's what I don't understand, if people don't have any suggestions to offer, why post a comment? Why does this seem to happen so often on this website?? Nobody has to offer any help if they don't want to.

I wondered if the OP might still be a student, or at least relatively young and just starting out. I thought the original question seemed well thought out.

I know more about HIPPA and FERPA etc. but in general it seems like parents maintain their child's right to privacy while they're under 18. In my area coaches and youth sports programs get permission from parents for their children to participate in a program, as well as for publicity purposes.

There's a difference between ownership of your photos, and usage. I haven't found much related to photos of subjects under 18, more to educational and medical records. But if you're going to use pictures of other people's kids, I think it's best to be covered, especially if the photos will be used online (and all I can say is before posting photos anyplace - READ THE TERMS).

Sources like this could give more info. Business and Legal FAQ | American Society of Media Photographers