When do you need model release/consent?

[Box801]

If a photo of someone under the age of 18 is taken in a public area, can I post it to the internet without their consent? It would not be for commercial purposes.

 

[tirediron]

It depends on where in the world you are. In Canada, probably not; in the US? Possibly.

Edited to add: It also depends on the nature of the image. If the person in question is the sole subject and the she is clearly identifiable that's one thing, and if she is incidental to the main subject and clearly NOT the intended subject, it may be all right.

If in doubt? Seek permission/get a release.

 

[Box801]

It depends on where in the world you are. In Canada, probably not; in the US? Possibly.

Edited to add: It also depends on the nature of the image. If the person in question is the sole subject and the she is clearly identifiable that's one thing, and if she is incidental to the main subject and clearly NOT the intended subject, it may be all right.

If in doubt? Seek permission/get a release.

Well, I live in Ontario and the subjects are clearly identifiable the photos. The people under 18 are the main subjects in the photos.

 

[tirediron]

Some good information here

Based on the seminar I attended a couple of months ago on this very topic, I would not recommend it.

 

[adversus]

Generally speaking, if you are in public, you can take a picture of a 40 year old or a 4 year old, it doesn't matter.

When in doubt, consult:

1) Lawyer
2) Local authorities

 

[tirediron]

Taking the photos is one thing, publishing them is quite another.

 

[Box801]

What about photojournalists and event photographers? I understand you can take a photo almost anywhere, but how about publishing them to a website, newspaper, or book?

 

[Flash Harry]

Publishing is publishing, net, book, or otherwise, if you want to publish get a signed release, if its a juvenile you need parental permission to publish. H

 

[LaFoto]

Box, I take it you're still thinking "school" as your public area? For that was the discussion yesterday: you had taken photos of kids in their school and are now wondering if you can place those photos into Flickr without any written consent? I still say, better don't!

A school is not "public", even though it may be a public school.
And kids are kids and need to be treated with extra-extra care when it comes to making their photos public.

 

[Box801]

Sorry 1 more question, why doesn't the school yearbook need release forms for students that appear in the yearbook?

 

[LaFoto]

They probably HAVE release for the use of photos for that particular use. I know I had to give my signature when my daughter entered the school she's still attending, letting them know that I'm ok with her photo being published in the yearbook.

 

[Mustlovedragons]

When I registered my kids, and each beginning new school year, I have to sign yes or no for permission for pix published in yearbook, school website, etc.

 

[KmH]

Taking the photos is one thing, publishing them is quite another.

Very true, but posting people images on a personal web site isn't publishing. What constitutes publishing isn't cut and dried.

It is the publisher of an image containing people, that needs an image to be released, not the photographer. Unless, the photographer is also the publisher of the image, which actually doesn't happen very often.

 

[ababysean]

Sorry 1 more question, why doesn't the school yearbook need release forms for students that appear in the yearbook?

You sign a bazillion forms at the BEGINNING of the year, I know, I've got 3 kids in school. One is a small line, that you can check if you do NOT wish to have your child published. It is hidden in a bunch of other junk that probably most parents do not even read.