Legal Ramifications?

[JWCPhoto]

Before prom each year the local highschool meets at the courthouse and everyone is out taking pictures (moms and dads). I thought about being there and shoot semi formal pictures. I would give business cards with a link to a password protected viewing gallery in order for someone to purchase prints. Not quite sure what legal aspects I should be cautious about. Where does model release forms come into play? I'm sure some will be under 18?

My first thread.

Thanks for your time.

 

[tirediron]

Without a location, it's impossible to say, however, by the tone of your post, I'll assume the USA. My OPINION (I'm not a lawyer, I don't play one on television, and I don't live in the US) is that since this is being done in a public place, there is nothing wrong with taking the pictures. I don't believe you would have any need for any sort of release UNLESS you intended to use the pictures for your own purposes (ie portfolio, etc). I also don't BELIEVE that age is a factor here, HOWEVER, an Internet forum is not the best place for legal advice. Consult a practicing attorney in your area for a definitive answer.

 

[CCericola]

Definitely check with an attorney. It isn't that much for an hour of their time over the phone. Also, you may need a vender permit to be able to sell anything. Check with the courthouse to see if there is any paperwork you need or fees to pay.

 

[tirediron]

Definitely check with an attorney. It isn't that much for an hour of their time over the phone. Also, you may need a vender permit to be able to sell anything. Check with the courthouse to see if there is any paperwork you need or fees to pay.

Excellent point Christina! A lot of cities do like to gouge you for this sort of thing.

 

[KmH]

I'm also assumming you're somewhere in the USA, and IANAL - In general you would only need a model release if you are being paid to take the photos, shoot them under controlled conditions (like in private), or subsequently try to license the photos to a 3rd party. In short if the photos will be used for a commercial purpose.

Selling photos is considered an editorial use, not a commercial use. Particularly when you are selling those photos to the people in the photos, or their relatives.
Licensing photos for use by 3rd parties is a commercial use, not an editorial use.

If you consult with an attorney, be sure the attorney is qualified to do the consultation. In other words, an attorney familiar with publication and intellectual property law, not a tax attorney.

Model release law is state law, so there are 50 slightly different versions in the USA.

If you don't have the appropriate permits, are not properly registered/licensed to operate a business in your city/town/county/state you could run afoul of local laws.

To reiterate - an online photography forum is not a reliable place to be seeking legal advice.

Start by checking with the local City Clerk.

For those in the US - A Digital Photographer's Guide to Model Releases: Making the Best Business Decisions with Your Photos of People, Places and Things

 

[orljustin]

No one on the internet has EVER considered taking photos of someone/something and then handing out cards to an online gallery. Or maybe they have.

What did your search results turn up? Or were we supposed to do all the work?