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Should another photographer ask before taking a photo of my kids?
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Oct 31, 2011 15:51:41   #
jbcarm Loc: Nor-Cal
 
Yes,you are totally correct on this one.

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Oct 31, 2011 16:28:36   #
LarryD Loc: Mojave Desert
 
Here's a conundrum.... :?

Many, many post photos of their children and their childrens friends on the Internet daily with no thought as to who sees them, or where they end up..

Yet, some of these same folks get their knickers in a bunch if a "real photographer" is in the area with a camera and might include their child in an image that would see far less exposure in the world.. It's bewildering.. :-)

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Oct 31, 2011 16:42:02   #
DSLRChuck Loc: Wisconsin
 
LarryD wrote:
Here's a conundrum.... :?

Many, many post photos of their children and their childrens friends on the Internet daily with no thought as to who sees them, or where they end up..

Yet, some of these same folks get their knickers in a bunch if a "real photographer" is in the area with a camera and might include their child in an image that would see far less exposure in the world.. It's bewildering.. :-)


It is quite bewildering!!!!! IMHO it's just PC to say, "I would ask first"

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Oct 31, 2011 17:09:26   #
jbcarm Loc: Nor-Cal
 
I agree that asking permission is the way to go if it possible in the circumstance...

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Oct 31, 2011 19:36:00   #
seaside7
 
For the gentleman who stated, if it's not sold you do not need a release. You are wrong. Check with any professional photographer whether portrait or wedding and they all get a release signed for display on internet and/or advertising purposes.
When you display a photo where a persons face is recognizable you should get a release. The exception to this is photojournalism.
I can tell you that a wedding photographer WAS sued in court for not having a signed release. He displayed a bride at a trade show and she sued him and she won.

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Oct 31, 2011 19:49:59   #
jbcarm Loc: Nor-Cal
 
seaside7 wrote:
For the gentleman who stated, if it's not sold you do not need a release. You are wrong. Check with any professional photographer whether portrait or wedding and they all get a release signed for display on internet and/or advertising purposes.
When you display a photo where a persons face is recognizable you should get a release. The exception to this is photojournalism.
I can tell you that a wedding photographer WAS sued in court for not having a signed release. He displayed a bride at a trade show and she sued him and she won.
For the gentleman who stated, if it's not sold you... (show quote)


Well,that may true.But,I still believe if you use common sense you should not really have to worry about all this nonsense,

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Oct 31, 2011 20:04:54   #
SpiffyPhoto Loc: Southern Wisconsin
 
Actually, anyone in public is fair game for photos (paparazzi & movie stars ect)..... should the person have asked permission, yes probably so......I have taken many photos of adult people, children, performers, miss city queen, and many other people of interest, without permission ..... usually I go to the person and offer to send a copy of the images to them, if they want me to erase the images I comply to their wishes ..... truth is most people don't care as long as your nice ......

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Oct 31, 2011 20:29:01   #
jolly1
 
seaside7 wrote:
For the gentleman who stated, if it's not sold you do not need a release. You are wrong. Check with any professional photographer whether portrait or wedding and they all get a release signed for display on internet and/or advertising purposes.
When you display a photo where a persons face is recognizable you should get a release. The exception to this is photojournalism.
I can tell you that a wedding photographer WAS sued in court for not having a signed release. He displayed a bride at a trade show and she sued him and she won.
For the gentleman who stated, if it's not sold you... (show quote)


Seaside7, you have to realize that portrait and wedding photographers are a small minority of those who call themselves professional photographers. So what applies to them does not necessarly apply to the majority.

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Oct 31, 2011 21:22:26   #
wanakamac Loc: New Zealand & Dewey AZ
 
MY GOD WHAT HAVE WE BECOME. OK if the Guy knew who the farther was he should have asked. However you cannot always see parents around. At any time on any day you will see photos of baby's and older children on Giant Bill Boards on TV news paper mags etc. of all ages and types. Today with phone cameras you would never know what is being taken or for what reason. If somebody has an open camera and looks like a photographer then your safer than letting them play outside on their own. We have become a nation of paranoid parents. Let's be logical. You sound like the early Indians who felt their spirit is being taken from them. I make these comments because I am Grandfather in my mid 70's. I have been taken photos of children at play in a candid way for 40 years where it's a delight to captures their face in thought or interaction of young people candidly at play. Please try bring common sense rather than fear or bureaucratise our lives. We will survive

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Oct 31, 2011 21:33:54   #
alann Loc: Virginia
 
seaside7 wrote:
For the gentleman who stated, if it's not sold you do not need a release. You are wrong. Check with any professional photographer whether portrait or wedding and they all get a release signed for display on internet and/or advertising purposes.
When you display a photo where a persons face is recognizable you should get a release. The exception to this is photojournalism.
I can tell you that a wedding photographer WAS sued in court for not having a signed release. He displayed a bride at a trade show and she sued him and she won.
For the gentleman who stated, if it's not sold you... (show quote)


I simply asked for your source. If it was asking a photographer it is not a valid source. I have had an in-depth discussion with my son who happens to be a Patent Attorney and deals very heavily in intellectual property (which a photo is). His opinion differs from yours and I just wanted to provide him with the WRITTEN legal facts to contradict him. Word of mouth advice taken as fact can often lead to misinformation being passed on.
There is a huge difference in using a photograph for advertising and posting it on a personal web site. So you are half right....advertising will get you in trouble but, you can post all you want on the internet with no fear.
If you can not accept this do your due diligence and research it for yourself.
I am not attacking anyone; just sick and tired of folks stating assumptions and rumors as fact.
Done ranting. :)

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Oct 31, 2011 21:34:09   #
jolly1
 
wanakamac wrote:
MY GOD WHAT HAVE WE BECOME. OK if the Guy knew who the farther was he should have asked. However you cannot always see parents around. At any time on any day you will see photos of baby's and older children on Giant Bill Boards on TV news paper mags etc. of all ages and types. Today with phone cameras you would never know what is being taken or for what reason. If somebody has an open camera and looks like a photographer then your safer than letting them play outside on their own. We have become a nation of paranoid parents. Let's be logical. You sound like the early Indians who felt their spirit is being taken from them. I make these comments because I am Grandfather in my mid 70's. I have been taken photos of children at play in a candid way for 40 years where it's a delight to captures their face in thought or interaction of young people candidly at play. Please try bring common sense rather than fear or bureaucratise our lives. We will survive
MY GOD WHAT HAVE WE BECOME. OK if the Guy knew who... (show quote)


Well and accurately said, Sir. And that from one much older than yourself.

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Oct 31, 2011 22:12:07   #
russelray Loc: La Mesa CA
 
Here's a good summary of photographer rights:

http://www.aclu.org/free-speech/know-your-rights-photographers

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Oct 31, 2011 22:29:14   #
cancatphoto
 
Please do not call parents paranoid. We have every reason to be concerned. With the advent of the computer age has come an obscene element that threatens the very core of family peace. I remember as a child playing after dark with the neighbor children, running all over the neighborhood. Can we do that today? Of course not. We parents need to stay alert to the dangers that threaten our children. DO NOT TAKE THAT RIGHT AWAY FROM US FOR YOUR EGO.

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Oct 31, 2011 22:37:51   #
alann Loc: Virginia
 
How does someone taking a photo "TAKE THAT RIGHT AWAY"?
I know I am taking an unpopular position on this matter. FYI I have raised 4 children and I am sure they all had their photos taken as they grew up. Even with that,..... they all turned out just fine.
I am not saying do not be protective or concerned; but, I do not understand why some people over react to such an extreme.

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Oct 31, 2011 22:42:26   #
wanakamac Loc: New Zealand & Dewey AZ
 
Of course you're not paranoid. We can see that. But please let's keep to the point without being personal I have my point of view and you have yours. You live in your world and may god be with you.

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