Taking pictures of minors...

[Rebekah5280]

I am a busy family portrait photographer in WA.
I had a request from two boys who wanted to get their pictures taken to give to their mom for Christmas. How sweet! <3 Their nanny (who I have taken pictures for on many occasions throughout the past year) offered to bring them so they could keep the pictures a surprise for their mom.
I had said of course! How sweet and fun!!!! BUT... then I started thinking.. can I do that??? Without parental permission???

Can anyone help me out with this?? I've never came across this before.

Thanks!!
~Rebekah

 

[TheFantasticG]

Is get the other legal guardian to sign off on it

 

[Rebekah5280]

Just mom. No dad. :/

 

[EIngerson]

I would go for it. It's not like you're at a school playground un-invited. Go in knowing that the only use those photos will get is when they're handed to parent. You just won't be padding your portfolio with them.

 

[gsgary]

If they are coming with the nanny i cant see a problem because the mother has handed over parental control

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[sm4him]

I would go for it. It's not like you're at a school playground un-invited. Go in knowing that the only use those photos will get is when they're handed to parent. You just won't be padding your portfolio with them.

^ +1
Also, just make sure the nanny is there, within sight of the boys, the entire time. That might just be my Boy Scout leader "Youth Protection" training kicking in, but I'd make sure I was absolutely NEVER completely alone with the boys.

 

[TheFantasticG]

...but I'd make sure I was absolutely NEVER completely alone with the boys.

That's what I was getting at, albeit I was taking the scenic route.

 

[KmH]

A minor's signature on a contract is not legally binding, unless the minor is emancipated, which isn't going to be the case for 13 year olds.

Unless a nanny has Power of Attorney, a nanny cannot sign in place of a parent.

So the project has other legal issues to consider before you think about actually making photos.

The boys would not be bound by signing a model release, but that only means you could not use the images in your advertising or promotional stuff or any other type of commercial use.

 

[KelSS90]

I am a nanny and I sign all sorts of stuff for the kiddos... Permission slips for school, injury/insurance waivers at sports camps, paperwork at the pediatrician... I am not their legal guardian nor do I have power of attorney. The mom of the kids is a lawyer and she explained as this: If there were some issue that she took the agency to court over (like the mom was upset you took gorgeous pictures for some reason), the agency would then argue that they had a signature of the adult who was in charge of the children at that time (seeing as mom wasn't there and all care of children was left to me at the exact moment if signing the form -- and a reasonable adult can assume that if a mother trusts you with the care of her babies, she trusts your judgement on signing off on a form) Because of that, the court would view it as an issue between the mother and myself.

I would just have the nanny sign something and say you're good to go.


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[Designer]

Ya, Rebekah5280, take it from me, and although I am not an attorney, I do play one on the internet.

Unless you plan to post the pictures on the inter webs or sell them, I don't think you need to worry.

Unless the "nanny" looks like she is going to sell the pictures, then worry.

 

[skieur]

Taking the pictures does not require parental permission and the photographer owns the copyright to them as well. Use of the photo for advertising a product requires a model release but there is some differences of opinion as to whether use in a photographer's portfolio is technically advertising by legal definition or not.

 

[curtyoungblood]

Something else to consider: if you end up having the shoot of a lifetime, and come away with the best pictures that you've ever shot, then you can always get the mother to sign a model release later. Once Christmas is over and mom has been surprised, you could easily call her up, tell her that you really enjoyed taking the photos of her boys and that they looked amazing in the photos. Then say you'd like to use them in your portfolio and explain the paperwork. Offer to throw in an extra 5x7 of the boys for her trouble, and I'm sure she'd be on board.

Another concern that I would have is who is paying for this? Are the boys going to give you cash, is the nanny going to pay for it, or will the boys swipe mom's credit card?