Do I need permission?
Aug 8, 2012 22:09:00 #
But I like to watch all the yelling and screaming and name calling. - Dave
Aug 8, 2012 22:28:16 #
francesca3 wrote:
quote=beverett quote=yvonneca I recently attende... (show quote)
Before taking any pictures of minor children with the intent of posting online or that would have the posssibility of appearing online one should read,understand and adhere to "COPA 1998" and in the case of California "OPPA 2003". Both being Federal statutes covering child online protection.
Aug 8, 2012 23:47:05 #
You have an answer, a very definitive one, from a person who says he is an attorney. PM him, establish his authenticity and stop taking advice from cracker barrel lawyers, of which I must admit I am guilty.
Aug 8, 2012 23:55:15 #
francesca3
Loc: Sausalito, CA
Mogul wrote:
You have an answer, a very definitive one, from a person who says he is an attorney. PM him, establish his authenticity and stop taking advice from cracker barrel lawyers.
OK yay, here we go with some banter...
Aug 9, 2012 00:09:02 #
Mogul wrote:
You have an answer, a very definitive one, from a person who says he is an attorney. PM him, establish his authenticity and stop taking advice from cracker barrel lawyers, of which I must admit I am guilty.
:thumbup:
Aug 9, 2012 09:43:46 #
dickhrm
Loc: Spingfield, IL
From my read of this law, it appears to apply only to commercial entitities. So those of us who take pix of people, including kids, would seem to be ok in doing so, even without permission, so long as the pix are for personal use only.
None the less, if I notice a parent or other "chaperoning" adult nearby, I would certainly get their ok, either by asking or pointing to my camera and the kids with a questioning look on my face.
>>>Before taking any pictures of minor children with the intent of posting online or that would have the posssibility of appearing online one should read,understand and adhere to "COPA 1998" and in the case of California "OPPA 2003". Both being Federal statutes covering child online protection.[/quote]
None the less, if I notice a parent or other "chaperoning" adult nearby, I would certainly get their ok, either by asking or pointing to my camera and the kids with a questioning look on my face.
>>>Before taking any pictures of minor children with the intent of posting online or that would have the posssibility of appearing online one should read,understand and adhere to "COPA 1998" and in the case of California "OPPA 2003". Both being Federal statutes covering child online protection.[/quote]
Aug 9, 2012 10:03:35 #
Aug 9, 2012 11:18:10 #
dickhrm wrote:
[/quote]From my read of this law, it appears to apply only... (show quote)
OPPA 2003 is about collecting information. COPA 1998 was about protecting minors from online content and never went into effect.
"Personal use" has nothing to do with the legality of photographing minors or displaying images on the web or selling prints of the images. We've been over this before. There is no law against photographing minors or displaying or selling those photographs anywhere (except for sex-themed material).
That said, you may frighten or offend parents or caregivers if you shoot without asking or identifying yourself.
Aug 9, 2012 11:30:04 #
dickhrm
Loc: Spingfield, IL
Good advice. As I noted in my previous post, I do look around before taking pix of kids to see it there is a responsible adult present, and if so, to get their ok.
OPPA 2003 is about collecting information. COPA 1998 was about protecting minors from online content and never went into effect.
"Personal use" has nothing to do with the legality of photographing minors or displaying images on the web or selling prints of the images. We've been over this before. There is no law against photographing minors or displaying or selling those photographs anywhere (except for sex-themed material).
That said, you may frighten or offend parents or caregivers if you shoot without asking or identifying yourself.[/quote]
beverett wrote:
quote=dickhrm From my read of this law, it appear... (show quote)
OPPA 2003 is about collecting information. COPA 1998 was about protecting minors from online content and never went into effect.
"Personal use" has nothing to do with the legality of photographing minors or displaying images on the web or selling prints of the images. We've been over this before. There is no law against photographing minors or displaying or selling those photographs anywhere (except for sex-themed material).
That said, you may frighten or offend parents or caregivers if you shoot without asking or identifying yourself.[/quote]
Aug 9, 2012 11:37:06 #
To sell it, YES. With release signed. Newsleaflets (as they are becoming) fall under the newsworthy thing, and the images are generally not sold, just published. The Paparazzi thing also falls under newsworthy. Celebrities have chosen a path which by definition is newsworthy. As Paparazzi are not working for news agencies or publications, they get to sell TO them. As to selling images of children? Sure, with the PARENTS signing the release and collecting your check for talent fees. Short of selling is the grey area. If you are planning to shoot at a large venue, did you post a sign at the entrances indicating that by entering, they agreed to be photographed? This is what you need to be able to tell the authorities.
Aug 9, 2012 11:48:14 #
beverett wrote:
quote=dickhrm From my read of this law, it appear... (show quote)
OPPA 2003 is about collecting information. COPA 1998 was about protecting minors from online content and never went into effect.
"Personal use" has nothing to do with the legality of photographing minors or displaying images on the web or selling prints of the images. We've been over this before. There is no law against photographing minors or displaying or selling those photographs anywhere (except for sex-themed material).
That said, you may frighten or offend parents or caregivers if you shoot without asking or identifying yourself.[/quote]
Thanks for clearing this up b, I had just gotten started researching both of these yesterday and did not get very far with them. thanks for your input.
Aug 9, 2012 11:56:22 #
PhotoArtsLA wrote:
To sell it, YES. With release signed. Newsleaflets... (show quote)
The photos don't need to be "newsworthy" A release is needed only if they are to be used in advertising. No signs needed. No talent fees. READ PREVIOUS POSTS!
Aug 9, 2012 12:37:52 #
Aug 9, 2012 13:31:46 #
Let's face it folks we have yes, no, and maybe. I do not think we will get the right answear on this forum. Well we may get the right one but how to know which one is right? I think that if you must know you need to contact a Lawyer that knows for sure and take their advice. - Dave
Aug 9, 2012 15:03:09 #
wilsondl2 wrote:
Hear hear! :thumbup: Let's face it folks we have yes, no, and maybe. I do not think we will get the right answear on this forum. Well we may get the right one but how to know which one is right? I think that if you must know you need to contact a Lawyer that knows for sure and take their advice. - Dave
Signing off from this legal tyro thread.
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