masonite

I have been doing portraits for high school extra curricular activity groups for about 8 years. It has suddenly occurred to me that I might need a release from the student's parents to do this. Does the mere fact that the parents fill out an order form with the students name and subsequently pay for the photos eliminate the need for a separate release? These photos are NOT published anywhere. Only purchased prints and print packages are ever released.

If I do need a release, are there any suggestions where I can get a simple template that I can customize for my work. Everything I've found online is so full of legal jargon that I barely understand it myself. Thanks in advance for your help. As always, it is appreciated.

William J Renard

CHECK WITH LOCAL AUTHORITIES, IF THESE ARE KIDS, YOU MAY NOT BE ABLE TO RELEASE THE PHOTOS FOR PUBLICATION WITHOUT CONSENT

Dennis Duffy

I have never needed to get signatures for outside activities, and I have shot for quite a few different outfits, as well as on my own. If you are shooting inside a school, then thats a different story, and yes, you may have to. But outside is fair game, especially if you are not posting them anywhere.

masonite

I have conducted these shoots 2 ways. Originally, the parents would sign up for a time slot through a school website. All photos were taken during a specific 4 hour period (at the school), and the parents would fill out an order form and bring it them with payment on the day of the shoot. This is similar to how the "Big Box" photo studios do school yearly photos.

I have recently began to have the parents request a time slot and fill out the forms online. None of the photos are published. The only photos distributed are those specifically ordered by the parents. My thought is that if the parents themselves sign up online, that would give their consent for the photos to be taken. I'm not a lawyer, so I may be way off course here.

David Kay Loc: Arlington Heights IL

You are looking for legal advise here? Why not consult your attorney for advise in your jurisdiction?

Stephan G

In the "old days" a pro-forma sheet was signed by the parents at beginning of school giving the school permission to photograph and use the photos in the schools publications. That also included their "outside" events. However, things have changed since.

If you photograph students and/or events as a business, it behooves you to be on top of the legalities applicable in your area. Hence seeking qualified legal advice is a prudent step.

As for personal shooting, that remains a huge gray area when a shot is transferred from the photographer to another party for whatever reason. Use of I-phones is included. This group continues to change to the point of making it difficult to know legal ramifications at any time.

Like having insurance, it does pay to have an idea as to the potential legal problems that may arise when photographing anything.

Ron Dial Loc: Cuenca, Ecuador

Years ago, I would have said that you don't need a release, but in today's litigious society, I think I would re-think it. If it is for a school consider putting a blanket release in the contract with the school, and ask the school's attorney to review it. Otherwise, contact PPA and ask them. Perhaps send a note home with the student saying that you don't sell the pics to anyone else, but the school may publish the class photo. If the parent does not want their kid in the pic, exclude them.

chasgroh Loc: Buena Park, CA

...I shoot marching bands and if I needed a release from each student I wouldn't have time to shoot (I might shoot 32 groups in a day, 8-10k shots). My activity is peppered with many who do this similarly, and a couple of companies that contract photographers to do shows and then sell online. I've also shot individual groups and the students formally and sold online. Actually, I've had a couple of my shots make the cover of a niche national publication; they contacted me after finding one they liked in my online photos and I gave them the pic to use (so, I'm assuming here that the publication is aware of the legalities...I HOPE SO, lol). When the featured students, through their director, were informed, they were nothing but astonished and delighted, but never in all this process was a release mentioned. Shrug. So, I suppose providing a *service* means something here, the venue is also an important factor. Quite honestly, I've been doing this so long that I'm just gonna continue the flow...

David Kay Loc: Arlington Heights IL

Wow, you are one very lucky photographer so far. If the parents saw that cover and knew how much they could get off of a law suit from you and the magazine using that photo without a release, you would be spending a lot of time with a lawyer. I am surprised that the magazine used it without a release. Very gutsy. I hope this happened many years ago. I do not know the statue of limitations in your jurisdiction, but on average it is about 2 years after the child meets the age of majority in a lot of venues.

chasgroh Loc: Buena Park, CA

...well, next time they ask, I'll ask the pertinent questions.