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Can I get in trouble for photographing a pretty kid?
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Aug 30, 2018 04:24:47   #
Davethehiker Loc: South West Pennsylvania
 
JD750 wrote:
Regardless of man’s laws, Dave ask yourself if you were the parent of that child, would you want someone you do not know posting it on the internet? Does that feel right to you?

Find the parents and offer them a print.

Just saying...


I agree, and that is why I did not post the picture of the child here on UHH or anywhere on the Internet. It just feels wrong to me. My question was about the law regarding this topic and that has been answered.

This past Easter the church had an Easter egg hunt hunt. I was asked to photograph the event. I did and turned all the photos over to the church. The question of legality or propriety did not occur to me until recently.

I have deeper pockets then some parents in the church. I'm more worried about becoming the victim of a social justice warrior. i.e. greedy parent.

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Aug 30, 2018 04:48:59   #
Davethehiker Loc: South West Pennsylvania
 
rpavich wrote:
Wow. Under suspicion without even doing anything. That's messed up.

So unless he takes pictures of the entire demographic his character and motives are suspect?

Unbelievable.





There was a sweet looking little old lady with a very wrinkled face and white hair. She must be pushing 90. I think she is beautiful, but she looks like somebodies grand mother. I have no idea how she would feel about having her photo taken, so I did not take her photo.

The fact that some see this as "evil" shows the danger to the photographer.

I'm new to the church and do not know who is who in the church. If I ran around finding out who belongs to who and getting permission before taking a photo, I would be disruptive to the church services and not have time to take photos.

This is why I'm primarily a wild life photographer.


(Download)

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Aug 30, 2018 06:24:24   #
ELNikkor
 
"Photogenic" would be a more neutral term than "pretty" for a child these days. Also, I heard the French are even more paranoid than Americans about this.

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Aug 30, 2018 06:27:16   #
sb Loc: Florida's East Coast
 
If the minister (or one of them) knows you and uses your photos from time to time - send a letter as suggested and then get a big tag saying "Event Photographer" and wear it around your neck. It might save some awkward moments.

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Aug 30, 2018 06:40:53   #
Jaackil Loc: Massachusetts
 
krl48 wrote:
Anyone attending an open event in a public park has no expectation of privacy. Legally, you are OK taking anyone's picture.


As far as what you do with the images, that rests with your personal sense of propriety. The only thing you can't do is to allow a third party to make commercial use of any of the images. For that, model releases would be required.

You are 100% right except for the third party part. Third or first party. The photographer themselves can not use the images for any comercial purpose without the subjects permission. Actually second party also. Assuming photographer is first party second party would be the subject. The subject may not use the image for comercial purpose with out the permission of the photographer who owns the image.
Comercial is defined as to promote or advertise a product or service.

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Aug 30, 2018 06:43:12   #
johneccles Loc: Leyland UK
 
Be very careful, always ask first otherwise do not even think about it.

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Aug 30, 2018 06:46:30   #
ggenova64
 
Follow the little voice in your head. That's the Holly Spirit speaking to you!

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Aug 30, 2018 06:54:30   #
Don, the 2nd son Loc: Crowded Florida
 
Your caution is understandable and warranted. The atmosphere these days with the image of pedophiles lurking around every corner makes taking pics of any youth potentially hazardous. For instance, my most harrowing experience occurred at a playground my 8 year old grandson & I stopped at after an owl hunt. I wanted to get some extreme close ups of the bronze statues of children on display he wanted to play on the equipment. I sent him on with the assurance I would soon catch up. The equipment was in view. Four or five minutes later I walked over to where he should be and couldn't see him. Looked everywhere and no sign of him. PANIC! Walked to the nearest rest room, inside a grandpa and a four+/- year old were washing hands, one glance showed no one else in the tiny room, turned back out. My camera with 400mm f/4 was over my shoulder. Grandpa was "on me" in a flash, shouting about being a pedophile with a camera in a rest room! He followed shouting at me across the park as I in a greater panic (WHERE IS MY BOY1) headed back to the play area. His verbal attack escalated till I whirled around and advanced on him wanting to flatten him! I realized I don't have time for this and headed back to search again. Bellowed for my GS who popped out from under the equipment where he and others were playing "hide & seek." RELIEF! My accuser apologized but the experience leaves me wary of playgrounds while carrying a camera now. He was obviously not familiar with camera equipment, a 400mm in a 12' x 15' room? There have been other wary looks from others while photographing my grandson at play with other kids in parks, sigh what has happened to our society! I can't summon the courage to try "street photography" YIKES!

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Aug 30, 2018 06:56:18   #
Jaackil Loc: Massachusetts
 
artBob wrote:
"Taking a photo [in a public area] never requires a model release. The publishing of that photo including someone's likeness, however, may require a model release. Generally, a model release is only required if the way the photo is published makes it seem that the person in the photo endorses the product, service, or organization. A model release would almost always be required if the use is for advertising. A model release is not needed for publishing the photo as news, or for artistic or editorial expression."
This, and more practical situations can be found at https://improvephotography.com/48423/model-release/
"Taking a photo in a public area never requ... (show quote)


This link is about the best explanation of a photographers legal rights in the US that I have seen. Every photographer should read, know and understand this. Do Not rely on the many Philadelphia Lawyers here on UHH.

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Aug 30, 2018 06:59:10   #
Gene51 Loc: Yonkers, NY, now in LSD (LowerSlowerDelaware)
 
Davethehiker wrote:
I was at church picnic this past Sunday. I had my camera and a couple good lenses. I used my 70-300 f/4.5-5.6 lens hand held, and got several candid shots of interesting looking people. At one point they asked the children to come up and join the minister in prayer. One angelic looking boy of about 12 years was participating in the service. I zoomed in tight with my 300mm lens and got a surprisingly good photo of him. I have no idea who this kid is or who his parents are.

A little voice in my head is warning me not to post this kids photo on the Internet because I could get in trouble. Is the voice correct?

I feel safe posting a photo of the minister and think it's an interesting picture. He one of several minister who did a bit of preaching this past Sunday. I don't know him and did not get his permission to post his photo. I'm not making any money on these photos.

If I'm breaking any laws, please let me know.
I was at church picnic this past Sunday. I had my ... (show quote)


Best to ask an attorney. No advice you get here, unless it refers you to an attorney, is pretty worthless.

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Aug 30, 2018 07:02:52   #
11bravo
 
I operate using the "do unto others" philosophy. When I travel, I expect someone to ask me if they can take a photo WITH me. If they want to grab a photo OF me, no problem. If I see them taking a photo of me, I'll motion them over. I've gotten a number of "ut-oh" looks, but when I motion they should make it a selfie with me, both of us happy. Only problem is when they were actually talking on the phone, not taking a photo, that is embarrassing.

With kids, I always ask the parent if I want to take a "staged" shot, but for street candids, I don't. Having said that, I wouldn't post on the internet.

Rongnongno wrote:
There is nothing about being PC or anything like it.

Taking captures of kids because they are 'pretty'???

Sorry I do not and will never condone anything like that. It is wrong regardless of circumstances.
I was at a street market in Harbin, China in July. A mother and "pretty" daughter (5, 6), the little girl dressed in a military style uniform, passed me, going the other way. Cute as hell. I couldn't believe how fast they were moving, I had to literally run to get in front of them. I asked the mother (standard language, point at my camera, point at the little girl), she said ok, and I had a moment to snap a pic; they were obviously late for something. 2 seconds, they were gone. If I could have taken a candid I would have, saved us both some time. How's this wrong? When I read comments such as yours, I always wonder if you're afraid of your own thoughts...

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Aug 30, 2018 07:29:04   #
SonyBug
 
I too once took a picture of a very pretty 5 or 6 year old girl. I was at the viewing area of Yellowstone, her parents were sitting in front of me. The child approached me and made a comment about the camera. So, I pointed down at her, snapped a shot, and showed it to her. Then I buried it in my computer. I would never show the world the shot, as I could see some pedo doing whatever over it. She was beautiful then and my guess is she is a lovely 17 year old now. Just a memory in my head of a great day shooting Old Faithful and an innocent child. Never to be seen. Not an issue of legal to me, just her privacy that does not need to be compromised.

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Aug 30, 2018 07:34:29   #
jerryc41 Loc: Catskill Mts of NY
 
Davethehiker wrote:
I was at church picnic this past Sunday. I had my camera and a couple good lenses. I used my 70-300 f/4.5-5.6 lens hand held, and got several candid shots of interesting looking people. At one point they asked the children to come up and join the minister in prayer. One angelic looking boy of about 12 years was participating in the service. I zoomed in tight with my 300mm lens and got a surprisingly good photo of him. I have no idea who this kid is or who his parents are.

A little voice in my head is warning me not to post this kids photo on the Internet because I could get in trouble. Is the voice correct?

I feel safe posting a photo of the minister and think it's an interesting picture. He one of several minister who did a bit of preaching this past Sunday. I don't know him and did not get his permission to post his photo. I'm not making any money on these photos.

If I'm breaking any laws, please let me know.
I was at church picnic this past Sunday. I had my ... (show quote)


If you were on private property, technically, someone could call you on that. Simply being outdoors is not enough. People can be somewhat irrational about their kids. Putting a picture online is not inherently bad. Millions of people post pictures of their kids on Facebook every day.

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Aug 30, 2018 07:38:10   #
jerryc41 Loc: Catskill Mts of NY
 
Don, the 2nd son wrote:
Grandpa was "on me" in a flash, shouting about being a pedophile with a camera in a rest room!


That's why I always leave my camera on the floor by the door before going into a rest room. : )

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Aug 30, 2018 07:51:56   #
tracs101 Loc: Huntington NY
 
Rongnongno wrote:
There is nothing about being PC or anything like it.

Taking captures of kids because they are 'pretty'???

Sorry I do not and will never condone anything like that. It is wrong regardless of circumstances. Then post them in the internet? Wow!


Ditto!

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