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05/04/2009 06:21:32 PM · #1 |
I have a few questions about permissions when taking photographs of people. My only intent is to take pics, edit them and post on website. At this point, I have no intention to try to sell or profit from the below scenario.
1. Am I allowed to take pics of kids (under 18) at a skate park as long as I get their permissions? Is permission even required?
2. If permission is required, is verbal good enough or would I need to have a consent form filled out?
3. If a form is required and they are under 18, no parents present is there any other option?
4. Is there a general consent form template?
5. What is the purpose of the consent form?
I know there are probably many more questions or things to consider involving this type of shooting. I figured I would start there. If anyone has any information or could point me to a previous conversation/website that will give me some direction I would really appreciate it.
Thanks,
Joe |
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05/04/2009 06:43:10 PM · #2 |
If your in the US technically public property (not the quasi public like malls & train stations and stuff covered by whatever stupid laws covers like nuke power stations e.t.c.) you don't require anything. If you try to sell the image for advertising that's a different story.
Not to say your not going to get grief from some whacko pumped up on prescription drugs soccer mum somewhere or some macho self-appointed know it all. |
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05/04/2009 08:44:10 PM · #3 |
You need a model release and while someone under 18 can sign it, they cannot be legally bound by it. You can if you're over 18. What that means in this case I don't know - they're essentially agreeing to allow you to use their image for whatever purpose you have the release (usually everything - just in case you get a great shot and some magazine or calendar company wants to use the image you want to be covered). Since a minor can't be held liable, I suppose their parents could come after you.
Most people are reasonable, but some are not and it only takes one to ruin your day.
Taking pics of kids in public is a risky thing - if you have a kid or friend skating then I'd not worry, but taking pics of other people's kids is, well, asking to be questioned.
verbal means nothing. must be in writing.
google model release for the forms.
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05/05/2009 09:13:55 AM · #4 |
| I would also ask the skatepark, since they have people sign a release, there might already be something in there about them giving up the rights to this and that. |
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05/05/2009 02:48:01 PM · #5 |
Couple of good articles here:
//www.usatoday.com/tech/columnist/andrewkantor/2006-08-11-photography-rights_x.htm
//www.krages.com/phoright.htm
I run into this from time to time but the general rule is you can shoot almost anything if it's visible from a public place. Here's an excerpt from the article that would apply to your question:
"There are a few more restrictions on publishing photos or video, though, as mentioned back in December.
You can't show private facts — things a reasonable person wouldn't want made public — unless those facts were revealed publicly. So no long-lens shots of your neighbors' odd habits.
You also can't show someone in a negative false light by, for example, using Photoshop tricks or a nasty, untrue caption.
And you can't put someone else's likeness to commercial use without their permission. This is usually mentioned in terms of celebrities, but it applies to making money from anyone's likeness.
For example, if you shoot individual kids playing in a school football game, you can't try to sell those shots to the parents; the kids have a right to the use of their likeness. You can sell photos of the game in general, though, and any shots where what's happening ("A player celebrates a goal") is more important than who's doing it ("Star running back John Doe takes a momentary rest").
Sound like a gray area? It is if you're planning to sell the pictures, but not if you're simply displaying them. And if you're using them for news purposes, all bets are off — you can pretty much publish whatever you want if it happens in public view."
When in doubt get a release
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