KristynD1980 Loc: Milford, MI

I took my kids to my favorite photo spot last weekend to get some nice fall photos. (I have a set of almost 3-year-old twins and a 15 month old). My son was pulling a wagon with his sisters in it and I was carrying my gear and some props out to the spot. This spot is very popular and there were about 6 other photographers there. As we were walking, one of them stopped what he was doing and snapped a few pics of my kids, particularly my son who was pulling the wagon. Maybe he was just photographing the "idea" for one of his future clients (little boy with wagon, etc)? Although it was a nice compliment that he noticed my kids, I think he should have asked first.

What do you think? I'm a little sensitive to people taking photos of my kids because I don't know what they might be taking the photos for. Just wondered what other photographers and other parents thought. Thanks!

fawlty128 Loc: LI, NY now in Allentown, PA

I think it's common courtesy to ask a parent for permission before taking a photo of their child. The photographer's intentions may be innocent but what if they are going to post that photo on their flickr account along with the name and location of the area you were in. Does this put your children at some greater risk from some internet sicko, doesn't really matter.
If the parent is not comfortable with photos of their children floating around in cyberspace, the photographer should respect their wishes, and unless they ask before shooting, how will they know.

Opal Loc: Southwest Michigan

I would have a big problem with this. The photographer should have asked you for permission and informed you of their intent. I was always under the impression that pictures taken of people required a release to be signed (or is that more etiquette than requirement?)

BRobb Loc: Florida

Personally I would want someone to ask! I would not randomly click off a few pictures of someone else's kids and just ask they give me the same courtesy. Just my $.02 worth.

Frank T Loc: New York, NY

Absolutely yes!!!! I don't want to pass judgement on this person but that is an absolute invasion. These are children. Would I have the same reaction if he took a picture of you; no. I think Kids deserve special protection. In New York City we've gone so far as prohibiting adults without children from being in the children's playground in parks. This guy was out of line.

Frank T Loc: New York, NY

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jdtx Loc: SA, Tx.

pretty interesting, the different responses, especially from totally different areas of the country..and it is a matter of etiquitte, than of a regulation in a public place..personally I think all around, people should be a little more thoughtful and respectfull of others, but more and more that is not the case..just some rambling thoughts I had while reading the posts.

Marc3202 Loc: Birmingham, AL

I am a real estate appraiser and I will not use a picture of any person, adult or child, unless it is just unavoidable. If someone happens to roam into the shot, I usually retake it from a different angle...RESPA always comes to mind...

MWAC Loc: Somewhere East Of Crazy

Actually a Model Release is only required if you are going to sell the photo, you can take the photo and I beleive even display the photo on your website without a model release. You have no expectation of privacy if you are in public.

Now would I do this, ohh H-E-double hockey sticks I wouldn't. There is no way I would take a picture of a strangers child and I'm trying to think of what my DH's reaction would be if he saw someone take a picture of one of our children ... ya it wouldn't be pretty.

Carioca

My favorite place to take pics is my local zoo, and there are always lots of kids around. They're having a Halloween event tonight, and I thought it would be fun to take pics of kids who aren't recognizable in their costumes, with masks and makeup.

But I don't want to freak any parents out.

Opal Loc: Southwest Michigan

I think this type of situation is different. I think that if the child can not be identified there is not a problem. If the child's costume allows a full recognizable view of their face then you should ask the parent and maybe offer a copy be emailed to them as a goodwill gesture. Many events like this the organizer mentions that photos can be taken and may be used for marketing purposes (I receive these disclaimers when my children participate in local events)

ken kreidler

Always ask first. I've taken pics of friend's kids and I've also changed their diapers. They are friends, good friends and most of the time the friends get the pics in the end. Even with really good friends it is at least nice to ask. Cover your butt and don't start something that could be easily avoided.

LarryD Loc: Mojave Desert

While it may have been polite to ask... the photographer had/has no legal obligation to do so in a public setting..

In fact, stopping the spontaneous activity to obtain "permission" results in a set-shot, and defeats the entire purpose of capturing reality or what caught the photographers eye in the first place..

Open a magazine....photos of people on the beach or in the streets happen thousands of times daily...

freebird76 Loc: Wisconsin

Yes this is correct. What I remember from my Media Law class in college is that when you are in a public place, especially in a crowd, a photographer can shoot into a crowd without your permission and use the pic anyway he wants, in any public place such as at a county fair or beach as mentioned.
This is how the "paparazzi" get away with their celebrity pics... this law DOES NOT apply to public persons..so if you are a celeb or say the mayor's wife, you have no immunity. They can shoot any pics and use however.
BUT>>> if you are not a public figure, and he / she points his camera into the crowd and zooms in on your kids, and the faces are easily recognizable, he cannot have that pic published in any manner whatsoever without getting a signed model release.
The main point being is what the photo will be used for. A loose idea for a painting? Then it is fine. If the mom saw me taking pics of her kids, I personally show mom the pic, tell her why I took it, and ask if she minds if I use if for a painting, and assure her that her kids will not be recognizable)

But, publish on the web, in a newspaper, magazine, etc.. then that zoomed in pic is illegal if it has recognizable faces in it. Main point being, public or private place, and how recognizable are the faces...a side view where the kids are looking away from the camera? Law does not apply here.
That is what the law says...(at lease it was when I was in college 15 yrs ago, it is probably more stringent now)...
but when possible, if the moment won't be lost, we should always use caution and ask first..they may be flattered and recreate the scene for you, but the results are usually not the same vs. taking a candid shot when the subject is unaware.
I have taken pics of kids in situations similar to yours first...before asking...as it was a moment that, had I gone over, interrupted the scene and asked, that moment would've been lost. So I shoot the pic, and try to not be obviously shooting right at them in particular.
If I take the pic, and the kids faces are recognizable, and I am shooting for a newspaper, I then promptly go to the parents, show them the pic in my viewfinder, tell them my intentions, and ask.
If they say no, I delete the all pics right there in front of them to let them know they are safe, I will not use the pic in any way, thank you, have a nice day, sorry to have offended you. However, if I want to use the pic for an idea for a painting and they didn't see me shooting, I walk away. They were in public, and the pics are not going to be used in any public manner, and I am confident they didn't see me shooting. I am protected by law to do so.
And never ever take pics of even your best friend's baby being changed or bathed, regardless the age... this could land you in a heap of trouble! There was a Lifetime movie made regarding a TRUE story of a lady who innocently took pics of her best friend's baby in the bathtub, not showing private parts, and I don't remember why but she got in trouble with the law, even tho the mom didn't mind. Hope this helps...

NikonKnight Loc: Owings Mills, MD

these are all excellent points. I have taken pictures of people and their children in public but I'm not using the shots other than for practice editing on my computer at home. They're not even uploaded to a photo-sharing site like Flickr. But I will be more cognizant going forward. Thanks