Consent to publish photo
Jan 21, 2013 06:06:14 #
Consent to publish photo.
You photographed a boy playing sand in the beach or in public playground. After a thorough processes, the image turned out to be amazing. Then, you made copies,framed it and sell it or used it commercially. What is the photographers liability if the parents of the kid sue you in publishing it without their consent?
You photographed a boy playing sand in the beach or in public playground. After a thorough processes, the image turned out to be amazing. Then, you made copies,framed it and sell it or used it commercially. What is the photographers liability if the parents of the kid sue you in publishing it without their consent?
Jan 21, 2013 06:12:19 #
"What is the photographers liability?"....tons...and I mean TONS. Can you identify the child's face?...if so...then you'd be safe getting the parents to sign you a release.
Jan 21, 2013 06:18:04 #
What if you don't know who they are and where they live? What if they are from other countries? Are you going to find it first before publishing it?
Jan 21, 2013 06:27:37 #
Defiantly...go back to the beach...park...or after you take the shot is the best way...and get a release from the parent/guardian...here in the US...nobody would touch that photo without one. You mite get lucky and sell it at a craft show or something...but even then you could get into some serious trouble without one.
Jan 21, 2013 06:31:44 #
Jan 21, 2013 06:31:49 #
This might give some insight:
http://improvephotography.com/5441/how-to-photograph-stranger-street-photography/
http://improvephotography.com/5441/how-to-photograph-stranger-street-photography/
Jan 22, 2013 08:47:40 #
Takyo485 wrote:
Consent to publish photo.
You photographed a boy playing sand in the beach or in public playground. After a thorough processes, the image turned out to be amazing. Then, you made copies,framed it and sell it or used it commercially. What is the photographers liability if the parents of the kid sue you in publishing it without their consent?
You photographed a boy playing sand in the beach or in public playground. After a thorough processes, the image turned out to be amazing. Then, you made copies,framed it and sell it or used it commercially. What is the photographers liability if the parents of the kid sue you in publishing it without their consent?
This topic has come up many times. Theoretically, if you are in a public place and take a picture of some who "has no expectation of privacy," you should be okay. "Should be."
The only safe thing to do is see a lawyer who specializes in that type of thing. Laws vary by state, and someone is always ready to sue to get some money.
Although you are allowed to take whatever pictures you want when not on private property, authorities will sometimes want to stop you. Of course national security trumps that, but "might makes right," so be careful.
Jan 22, 2013 09:20:50 #
Photos of children without a release will get you some jail time and ruin your life.
Jan 22, 2013 09:26:44 #
Here's a link to an article about what is and is not allowed. Keep in mind, though, that "might makes right." Although it might be legal to take a picture of a child, recuperating in a hospital bed after a father objects makes the legality a moot point.
http://usatoday30.usatoday.com/tech/columnist/kimkomando/2008-04-17-public-photography_N.htm
http://usatoday30.usatoday.com/tech/columnist/kimkomando/2008-04-17-public-photography_N.htm
Jan 22, 2013 11:25:13 #
Read the link from today's "Links and Resources" if you want to know what can happen. The Gestapo is alive and well.
Jan 22, 2013 11:34:41 #
Really hard and very confusing. It might be right
today and be wrong tomorrow . There is no precise
answer. .
today and be wrong tomorrow . There is no precise
answer. .
Jan 22, 2013 12:12:30 #
Bret wrote:
"What is the photographers liability?"....tons...and I mean TONS. Can you identify the child's face?...if so...then you'd be safe getting the parents to sign you a release.
The key is "can you identify the childs face"?
Jan 22, 2013 12:29:00 #
think of it this way.... how.would you feel if a friend called you up and said "hey I saw a picture of (insert name of your child or parent) for sale at (insert gift shop or website name here)"
how upset would you be? especially if you had no idea the picture had been taken?
I always ask for a model release from my clients, even for displaying on my webpage or Facebook, I would rather have them know it might end up there than have them be surprised later on. It's better for business.
in closing, if a relative will be able to identify the child and you have no model release, you are out of luck, you should not be selling it.
how upset would you be? especially if you had no idea the picture had been taken?
I always ask for a model release from my clients, even for displaying on my webpage or Facebook, I would rather have them know it might end up there than have them be surprised later on. It's better for business.
in closing, if a relative will be able to identify the child and you have no model release, you are out of luck, you should not be selling it.
Jan 22, 2013 12:57:02 #
Annie_Girl wrote:
think of it this way.... how.would you feel if a f... (show quote)
It might sound silly, but the same thing applies to pets. Lawsuits are everywhere!
Jan 22, 2013 13:00:00 #
Bret wrote:
"What is the photographers liability?"....tons...and I mean TONS. Can you identify the child's face?...if so...then you'd be safe getting the parents to sign you a release.
Untrue (in the US that is.)
You can publish, and print, and sell pictures all you want....even if there are recognizable people in them.
UNTIL you USE that image to SELL A PRODUCT OR SERVICE...THEN you must get a release.
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