aphelps Loc: Central Ohio

I have been asked to take photos for the church's "Photos with Santa" event. The subjects are all minors. Their parents will be with them but not in the photo. The photos will be printed and sold to the parents as a fund raiser. In many cases, the photo file will be sent to the parents for their use. In those cases there will be a charge for the file. I will retain posession of the original files only for the benefit of the parents. My question is this: Do I need parental model releases for their minor children? Am I setting myself up for future problems if I don't get releases? Under these circumstances it is hard for me to believe there is any risk in not using releases (which could adversely affect volume) but I would welcome other opinions. By the way, I have been doing this for the past five years without a problem. But that doesn't make it right.

Largobob

My opinion: Better be safe, than sorry later. Perhaps you can find a standard-form release, similar to what is used for school pictures?

On the other hand, parents (in today's society) can claim anything happened that didn't. Always have one or several adult "chaperones/helpers" with you at all times when with the children.

traderjohn Loc: New York City

When our children wee young. We would take them to Macy's for pictures with Santa Claus. Never signed anything.

roxiemarty Loc: Florida

Unless you plan on publishing or selling those photos to another party besides the parents or family, you do not need a model release. But you should have a photo order form, similar to any photo order form for youth sports, school, or any other children's photos. I worked for all of the above, including a Santa booth, and still do portraits for a Girl Scout re-enactment event in St. Augustine. And my assistant writes down the file numbers for me on the form as I take the photos.

orrie smith Loc: Kansas

It is a sad world we live in when we need to seek advice on subjects such as this. With all the paranoia in society these days, it would not hurt to have releases signed for peace of mind, but it is not necessary by law unless you intend to sell the photos to someone other than the family of each individual child now or in the future. Personally, I would keep the original files for no more than 6 months, then delete them to avoid accidently using them in some future venture. Have fun, make some money, enjoy.

krl48 Loc: NY, PA now SC

The parents are giving consent for the photograph when they get in line with the child for the picture. Start asking parents to fill out and sign consent forms and one of them will surely start to question why that's necessary, and suspect you have an ulterior motive. "...five years without a problem" sums it up. Don't complicate the situation.

CaptainC Loc: Colorado, south of Denver

Yo0u do NOT need a release since the images are for the parents. If you were to take that image and use it to advertise a product, then yes.

billnikon Loc: Pennsylvania/Ohio/Florida/Maui/Oregon/Vermont

No need for a model release unless you plan to sell any shot to any one but the parents. I would not bother. The parents, by knowing you are taking a photo of their child, have in essence given permission. Again, this is your church, you know the parents. Too much paper work, I would not worry about it. When we did school pictures I never did model releases.

jerryc41 Loc: Catskill Mts of NY

Interesting situation. What would the model release say? Would the parents want to "release" their control over the pictures? A release implies you are going to do something with those images. It might be better for you to give them a document stating that you will not use their photos in any public or financial way.

rmalarz Loc: Tempe, Arizona

Alan, considering the situation, I'd say no. However, I'd also say no to your using those photos for anything other than the intended purpose. That is, don't use them to advertise your "business".
--Bob

amfoto1 Loc: San Jose, Calif. USA

How are you going to proof the image to the parents? In some online galleries?

If so, I wouldn't post anything without a signed minor model release. Explain to them that you are taking the shots for free, but can only display them online for the parents to see if they sign the release. It's then up to them to make their selections and, if they wish, make a purchase (and support the charity fundraising effort).

Yes, it might effect volume... but those who opt out weren't going to purchase and support the fundraising effort anyway... so it's just saving you wasting your time and wear & tear on your camera, them not signing.

You can get sample model releases at the ASMP website: https://www.asmp.org/property-model-releases/

If you sell them a digital download file, you also need to somehow include "licensing" that gives them permission to have it printed or post it on a website.... personal, non-commercial use only. This is needed because some printers or websites may challenge them using someone else's (your) images, respecting the photographer's copyright. I'd also include in the license that no transfer of copyright is intended or made, that copyright remains the intellectual property of the photographer, the usage license is non-transferrable, image usage may not be resold by licensee, and that any other usage of the images requires written permission from the copyright holder. You can either create a zip file with the license packed with the download image... or, what I do, embed the usage license info in the EXIF of the image itself.

Any time kids are involved, it's always best to get a release! Especially if the image will ever be "publicly viewable" (as is the case with every image on the Internet... even with "password protection").

Good luck!

GENorkus Loc: Washington Twp, Michigan

Don't word it that way! "...The photos will be printed and sold to the parents as a fund raiser...".

Instead try wording something like, "Photos with Santa. Donations to the church are ???". It's not often that a church will get it legal trouble.

That clears your butt of just about anything.

TonyF Loc: Bradenton, FL

Where would one get a photo order form? I never heard of it, googled it, and I only saw templates that seem to cost a lot.

gmsatty Loc: Chicago IL

If you really want to protect yourself without a release, take a picture of the child and parents with Santa and the child and Santa alone.Beside, the parents might like those too. The picture of the parent, child and Santa together is irrefutable proof that the parents consented.

Shel Loc: Lecanto FL

Is it paranoia or reality? The good old days when you could abuse women and children and get away with it, are gone. Women seem to believe that they are equal to men. What is this world coming to? Guess that is the problem with progress; freedom of the press, women's rights, the right to vote, etc. The next thing will be women getting equal pay for equal work.

And yes, I am being sarcastic.