Hello and already have a question

Newtothebiz · Jul 26, 2011

I am new to the photography business and would like to say hello. I hope to gain a lot of knowledge from those mre experienced than I am. I am doing a lot of taking pictures in arenas that I tend to frequent due to having kids. I try to offer great deals to other parents as a way of getting my business some recognition as I am brand new. It has gone well except for this one situation. We are members to a pool and my child swims on the swim team. Last year I took thousands of pics of the public swim meets and offered a disc of them for $6. Got fair response and was asked by the swim coach to do it again this yr. I decided to make the pics easier to print and more secure by putting thm on a password protected gallery on my website. The attorney of the board of directors of the pool is concerned that consents weren't signed ahead of time and that I want to post them for a small fee. Is it best if I just drop it this time and make sure to get consents in the future?

Kerbouchard · Jul 26, 2011

Ask an attorney. But regardless of what an attorney says, if the attorney of the board of directors of the pool doesn't want you displaying or selling the photos, I would probably listen.

For my general answer, taking photos of kids at a pool without being sanctioned by the pool/event/parents could lead to a lot more headaches than $6 bucks for a CD is worth. My other general answer, if somebody is out in public, you can generally photograph them and you don't need a release to do it. Everywhere we go we are photographed, from the moment we walk into a store to the red light cameras that are all over the place. You don't need a model release to sell a photo. You need a model release to sell a photo that is going to be used in advertising for commercial purposes.

As an example, when we shoot weddings, we don't get a release form from any of the guests. We do take their photos and those photos are displayed on line and sold. There isn't really a difference between it and what you are doing, except we are there at the request of the event sponsor.

In any case, if you have an attorney at the pool concerned, I would drop it. I would also question your ability to get signed consent forms or releases by everybody at a swim meet. I would think that would be just about impossible. About the only way I could think of doing it that would be feasible and would satisfy the lawyers would be to partner with the owners of the pool and have them put a photography clause on the back of their ticket stubs.

Just my .02.