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childrens' model releases
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Sep 23, 2019 17:30:20   #
gmichaelbeach Loc: Connecticut
 
I need some sage advice from the Hoggers. A neighbor of mine asked me to shoot some photos of her seven year old's birthday party. here was 6 kids in attendance plus their parents. The birthday boy and his 6 year old sister plus 4 other kids purported to be "family members' [cousins?] were in attendance. Should I have gotten releases from the parents of All the kids? Does it matter as it was just a favor for a neighbor? I have never done something like this except for my own family before. Any serious advice would be appreciated.
Thanks,
Gary

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Sep 23, 2019 17:31:50   #
jaymatt Loc: Alexandria, Indiana
 
Private event and they asked you? No problem that I can see.

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Sep 23, 2019 18:06:33   #
Quixdraw Loc: x
 
If you were not paid, and plan nothing for the photos but gifting your neighbor, can't see an issue.

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Sep 23, 2019 19:20:14   #
Gene51 Loc: Yonkers, NY, now in LSD (LowerSlowerDelaware)
 
gmichaelbeach wrote:
I need some sage advice from the Hoggers. A neighbor of mine asked me to shoot some photos of her seven year old's birthday party. here was 6 kids in attendance plus their parents. The birthday boy and his 6 year old sister plus 4 other kids purported to be "family members' [cousins?] were in attendance. Should I have gotten releases from the parents of All the kids? Does it matter as it was just a favor for a neighbor? I have never done something like this except for my own family before. Any serious advice would be appreciated.
Thanks,
Gary
I need some sage advice from the Hoggers. A neighb... (show quote)


Are you publishing these images in a commercial or promotional capacity? Releases are not permission to take pictures - you already have that. Releases are for permission to use the image for commercial and promotional purposes.

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Sep 23, 2019 23:12:19   #
Stardust Loc: Central Illinois
 
No release needed unless plan on selling photos to others, plus the parents gave implied consent by allowing you to shoot. However in these times I don't shoot minors in public.

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Sep 24, 2019 07:33:27   #
billnikon Loc: Pennsylvania/Ohio/Florida/Maui/Oregon/Vermont
 
gmichaelbeach wrote:
I need some sage advice from the Hoggers. A neighbor of mine asked me to shoot some photos of her seven year old's birthday party. here was 6 kids in attendance plus their parents. The birthday boy and his 6 year old sister plus 4 other kids purported to be "family members' [cousins?] were in attendance. Should I have gotten releases from the parents of All the kids? Does it matter as it was just a favor for a neighbor? I have never done something like this except for my own family before. Any serious advice would be appreciated.
Thanks,
Gary
I need some sage advice from the Hoggers. A neighb... (show quote)


If you did not charge money, and ALL the parents were there, and no parent protested, and your not selling any photo's of any of the kids and your not putting any pictures on the internet and your giving ALL the shots to the parent who asked you to shoot, you should be fine.

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Sep 24, 2019 08:30:26   #
khorinek
 
The mother putting on the party should have informed the other parents that a photographer would be present. That way the other families could say yay or nay to having their kids in the photos. However, a children's birthday party is pretty much all or nothing, you really can't exclude one kid because his/her parents don't want them in the photos. If it was a private party you should be ok. I was asked to shoot a slumber party for a large group of girls, with the stipulation I could only photograph the kids that were over 17 years old, what a mess.

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Sep 24, 2019 08:37:35   #
billnikon Loc: Pennsylvania/Ohio/Florida/Maui/Oregon/Vermont
 
khorinek wrote:
The mother putting on the party should have informed the other parents that a photographer would be present. That way the other families could say yay or nay to having their kids in the photos. However, a children's birthday party is pretty much all or nothing, you really can't exclude one kid because his/her parents don't want them in the photos. If it was a private party you should be ok. I was asked to shoot a slumber party for a large group of girls, with the stipulation I could only photograph the kids that were over 17 years old, what a mess.
The mother putting on the party should have inform... (show quote)


17 is may states is below the age of consent. GOOD LUCK.

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Sep 24, 2019 12:12:31   #
jeep_daddy Loc: Prescott AZ
 
gmichaelbeach wrote:
I need some sage advice from the Hoggers. A neighbor of mine asked me to shoot some photos of her seven year old's birthday party. here was 6 kids in attendance plus their parents. The birthday boy and his 6 year old sister plus 4 other kids purported to be "family members' [cousins?] were in attendance. Should I have gotten releases from the parents of All the kids? Does it matter as it was just a favor for a neighbor? I have never done something like this except for my own family before. Any serious advice would be appreciated.
Thanks,
Gary
I need some sage advice from the Hoggers. A neighb... (show quote)


Well, if you use any of the images to make money you will need a release from the parents. For instance, if you submit one to Getty Images they will insist on a release even if it's your child.

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Sep 24, 2019 13:56:10   #
E.L.. Shapiro Loc: Ottawa, Ontario Canada
 
It's sad that we can't take pictures at a kid's birthday party without worrying about legal or even criminal ramifications. Sad but true and it is a sign of the times.

As a professional photographer, it's gotten to the point where I won't photograph a wooden spoon without a property release let alone a person or a kid without a model release!

My releases are intrinsic in all my contracts, work orders, invoices and all paperwork pertaining to any kinda job.

I realize this sounds like overkill or paranoia but I am not a lawyer, I don't have one on full-time retainer, and I don't want to have to pay legal fees for analysis of every routine transaction or worse if I am confronted with an unexpected claim and have to urgently seek legal council! I had my policies reviewed by my lawyer and that is a good investment- a kida one-time payment that precludes ongoing potential for aggravation and unwanted expenses. I even have clauses in my wedding photography contracts because I usually make both candid and posed images of the flower girl, ring bearer, junior ushers and bridesmaids, family members abnd guest that my be minors.

We live in a ligistive society- everybody is suing everybody else. Court calendars are packed with many frivolous claims to the point where folks who really need justice and compensation, have to wait for unacceptable lenghts of time to have their day in court.

As a father, grandfather and a guy who loves kids I do agree that we all have to protect our kids from harm, exploitation and God- forbid sexual abuse or voyeurism. I understad and respect everyone's right to privacy but thigs have gone crazy. I enjoy working with an photographing children but I will only do that as a portrait photograher when I am hired by their parents or on fashion assignments with child or teenage models. My proviso is that all the legal paperwork is in place and that parental supervision and oversight is exercised at all times. My releases include the right to display all photographs or include them in my portfolio, use of the the images for teaching and training purposes, and publishing the images on line, etc. If the client objects, I will respect their wishes and alter the terms accordingly or decline the job if it is too restrictive or unreasonable.

My policy is to NEVER sell images made for clients to third parties.

My advice to all photographers, amateur and professional, is to err on the safe side and obtain and secure written releases where there is any possibility of legal ramifications, especially where minors are concerned. Even if no money changes hands and the photography is strictly done as a favor or accommodation, its best to protect your interests and act in an ethical, cautious and aboveboard manner. Be safe- not sorry. Unexpected and undeserved trouble can arise from innocent well-meaning deeds- it's a sign of the times! Again, sadly, the good guys and gals sometimes have to answere for the bad guys and gals.

Reply
Sep 24, 2019 17:10:03   #
ButchS Loc: Spokane, WA
 
You only need model releases if you plan on selling or publishing the photos. Then you will need a model release from every single person child or adult that is recognizable.

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Sep 24, 2019 18:40:39   #
Notorious T.O.D. Loc: Harrisburg, North Carolina
 
Just use the agreement that you accept to use Google or Facebook. I’m sure it covers stuff nobody would ever think of...😳😎

gmichaelbeach wrote:
I need some sage advice from the Hoggers. A neighbor of mine asked me to shoot some photos of her seven year old's birthday party. here was 6 kids in attendance plus their parents. The birthday boy and his 6 year old sister plus 4 other kids purported to be "family members' [cousins?] were in attendance. Should I have gotten releases from the parents of All the kids? Does it matter as it was just a favor for a neighbor? I have never done something like this except for my own family before. Any serious advice would be appreciated.
Thanks,
Gary
I need some sage advice from the Hoggers. A neighb... (show quote)

Reply
Sep 24, 2019 18:42:06   #
Notorious T.O.D. Loc: Harrisburg, North Carolina
 
One question...do you let your grandchildren go to public school...

E.L.. Shapiro wrote:
It's sad that we can't take pictures at a kid's birthday party without worrying about legal or even criminal ramifications. Sad but true and it is a sign of the times.

As a professional photographer, it's gotten to the point where I won't photograph a wooden spoon without a property release let alone a person or a kid without a model release!

My releases are intrinsic in all my contracts, work orders, invoices and all paperwork pertaining to any kinda job.

I realize this sounds like overkill or paranoia but I am not a lawyer, I don't have one on full-time retainer, and I don't want to have to pay legal fees for analysis of every routine transaction or worse if I am confronted with an unexpected claim and have to urgently seek legal council! I had my policies reviewed by my lawyer and that is a good investment- a kida one-time payment that precludes ongoing potential for aggravation and unwanted expenses. I even have clauses in my wedding photography contracts because I usually make both candid and posed images of the flower girl, ring bearer, junior ushers and bridesmaids, family members abnd guest that my be minors.

We live in a ligistive society- everybody is suing everybody else. Court calendars are packed with many frivolous claims to the point where folks who really need justice and compensation, have to wait for unacceptable lenghts of time to have their day in court.

As a father, grandfather and a guy who loves kids I do agree that we all have to protect our kids from harm, exploitation and God- forbid sexual abuse or voyeurism. I understad and respect everyone's right to privacy but thigs have gone crazy. I enjoy working with an photographing children but I will only do that as a portrait photograher when I am hired by their parents or on fashion assignments with child or teenage models. My proviso is that all the legal paperwork is in place and that parental supervision and oversight is exercised at all times. My releases include the right to display all photographs or include them in my portfolio, use of the the images for teaching and training purposes, and publishing the images on line, etc. If the client objects, I will respect their wishes and alter the terms accordingly or decline the job if it is too restrictive or unreasonable.

My policy is to NEVER sell images made for clients to third parties.

My advice to all photographers, amateur and professional, is to err on the safe side and obtain and secure written releases where there is any possibility of legal ramifications, especially where minors are concerned. Even if no money changes hands and the photography is strictly done as a favor or accommodation, its best to protect your interests and act in an ethical, cautious and aboveboard manner. Be safe- not sorry. Unexpected and undeserved trouble can arise from innocent well-meaning deeds- it's a sign of the times! Again, sadly, the good guys and gals sometimes have to answere for the bad guys and gals.
It's sad that we can't take pictures at a kid's bi... (show quote)

Reply
Sep 24, 2019 20:10:59   #
E.L.. Shapiro Loc: Ottawa, Ontario Canada
 
Notorious T.O.D. wrote:
One question...do you let your grandchildren go to public school...


Yes sir! The go to public school, college and uuniversity. 2 are accomplished adult professionals and one is in high school. Their parents looked after their education. What does that have to do with this topic? My kids attended public school too! AII are doing well!

Reply
Sep 24, 2019 20:26:24   #
Notorious T.O.D. Loc: Harrisburg, North Carolina
 
I just wondered if you were concerned about the falsehoods and bs that they are fed in public schools... You said you are a concerned father and grandfather, right. Maybe you don’t follow some of the stuff they preach in schools today vs actually educating people. It’s not the same as when us older generations went to school.

E.L.. Shapiro wrote:
Yes sir! The go to public school, college and uuniversity. 2 are accomplished adult professionals and one is in high school. Their parents looked after their education. What does that have to do with this topic? My kids attended public school too! AII are doing well!

Reply
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