markmmmm

so, legally you may be on solid ground for taking pictures of kids (any kids). BUT in this day in age, only a fool would take any picture of a kid they do not know. Why? When the authorities and social workers arrive at your house from the parents call, it will not be about shooting pictures in public. It will be about looking at every computer and computer file you have to determine if you are a pedophile. You will be guilty no matter what you say. If you don't get prison time, or forced counseling, you will be labeled a "sex offender". Try living with that one. I don't mean to be a pessimist but, this is a totally different time. Good luck trying to defend your picture taking as an "art". The rules are different these days, for better or for worse.

rplain1 Loc: Dayton, Oh.

I don't know if you're breaking any laws, but I would never post a photo of anyone anywhere on the internet without their permission.

Notorious T.O.D. Loc: Harrisburg, North Carolina

My experience is asking an attorney is like asking an engineer...you will likely get as many different opinions as the number you ask. People are way to paranoid about taking photos in public or at events in my opinion. I have shot high school and college sports and also drag racing. I have shot hundreds of photos of minor kids who are drag racers and posted many on social media. Never any release or issues. I have never seen any photographers pull out a release at any drag race I have attended for any reason.

My son and his grandparents were used in a drag racing magazine ad to promote buying and reading the magazine. Now that might be an area where a release could make sense, but we are not sueing or even complaining about it. I guess if he was a famous NASCAR driver maybe we would have to protect his brand. But by age 28 he has only won 2 world championship titles...😎. Do as you will but my view is people are way too paranoid about this all.

Fotomacher Loc: Toronto

I’m a CPA not a lawyer - and I am a photographer. The issue is whether or not there is “an expectation of privacy”. If someone is out in public at a time when cameras and cellphones are ubiquitous, they can not claim such an expectation and therefore can not bring a claim. However, if an image will be used for commercial purposes of provide a financial gain to the photographer, you’d best have a release on file. When travelling in foreign (non-USA / non-Canada) I carry releases in my camera bag. In the language of the subject country.

Country Boy Loc: Beckley, WV

Frankly I don't understand the obsession with one photo of a 12 year old regardless of how good it turned out. If you had taken a photo of the group I would not question it but you singled out one kid from the group. To post the photo of a minor without approval of the parents is wrong even if legal. If you start going through church members to identify the boy, some may think it odd of you some may even consider it some what perverted! My suggestion is take what you want in public but this is a minor and as you will see all the time as a warning to kids, put your photo on line and it is there for life. That should not be taken lightly.

tracs101 Loc: Huntington NY

Totally agree!

gloryg Loc: New York

I would just send any photos you took to the minister. You can let him know about not
Knowing the child and her parents. It is possible he may know them and be able to help out. If he does not know the parents then you would not include the photos.

JeffinMass Loc: MA

Since she was obviously a minor I would have asked the adult (s) she was with if it was alright. Reason? This day and age the minor could think that you are trying to exploit her, even though that wasn't your intention. That could be very frightening for her. She may have had an issue with an adult in the past. To you, you are a photographer. To an inexperienced young girl you are or may be a deviate with a very long lens. I would suggest that you go "look" for older pretty girls. Be careful there too. May God bless you.

Booker

These are difficult times. People, especially parents, are more wary than ever of a male adult taking "an interest" in their child. I do a lot of street photography and I love the innocence of children, but I no longer photograph kids without the parents knowledge and/or permission. Let alone post them on the internet. In my humble opinion, I would either get the parents written permission or forget about the photograph.

Stephan G

You may be accused of Invasion of Sacristy.

TJBNovember Loc: Long Island, New York

If the church is requesting that you take photos at their events then you may be in the clear. However posting then generally online in any forum other then the churches own could have ramifications. One question, does the church inform attendees, that they may be photographed?

Davethehiker Loc: South West Pennsylvania

That's a good idea about the tag. I have neck tag stating I'm photographer but never use it. I just found it; I'll wear it this weekend.

Nikon1201

I do some street photography and everyone is fair game public . If I see a unusual child or young girl I’d like to photograph I introduce myself along with my card with all my info on it and ask for permission , I also ask them to,put their email on the back and I will send them a fully edited photo. 99% say ok. It’s that 1% who won’t like it and challenge you . Think before you shoot.

Haydon

Thank you for being respectful, responsible and using a level of common sense. Using the premise of asking forgiveness after the fact without an ask isn't courteous in my opinion. Just because you can legally doesn't always mean you should.

There are certain situations where people will just look for a reason to get angry. A while back I was shooting with a 70-200 in a local park and it was clearly evident I was pointing at a flower taking close-up shots when a man shouted from a park bench not even within my line of sight, " You better not be taking pictures of me!" To bring back the boiling point I merely commented, "Of course not, I would have asked you." and warmly smiled back. I'm sure if I was reactive in a negative way, it could have easily escalated, but it didn't.

Stephan G

After reading through the thread, a few items came to mind.

If the park space was rented for the event, this modifies the status of that particular space depending on the agreement with the park organization. I treat the event as a private event, unless signage provide further information.

When shooting a child, I strive for an additional shot to include the adults around the child. If the child is exceptional in the shot, I would approach the parents to show it to them and offer to provide a copy, free. (In your case, you would add that you have been asked to photograph the event.) At this point, I get their e-mail address, to attach with the shot. I make sure to follow through with the shot and a thank-you note.

In such events, I have never been approached because I always approach them. Being open about what one is doing does go a long way to allay fears.

Even though the courts (in USA) have stated that one can photograph in public places, a majority of people have not gotten the "memo". So do be aware and prepared for those uninformed ones. How to handle these kinds of issues depends greatly on one's communicative skills.

Just a few thoughts.

In referencing children, I use "handsome young man" or "attractive young lady" accordingly. It helps to set a positive tone when I talk with the parents or guardians. Sadly, many quite ordinary words like "pretty" have been maligned in general usage.