Prospective Photo Shoot... (minors involved)
Seymore
Banned Posts: 1,539 Major grins
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Seymore
Banned Posts: 1,539 Major grins
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I AM NOT A LAWYER, but I would think that in the case of the former it would be no different than if one of the dads was there with an instamatic. You could cover yourself by asking her to have all the parents sign a 'we know there will be a pro photographer onsite and are ok with it' permission slip.
You're helped somewhat by it being in a public place, I'd think.
my words, my "pro"pictures, my "fun" pictures, my videos.
Just a thought.
You can take any picture you want, of any person you want, in a public place.* It's not until you want to do something with that picture that questions start to be raised (and really, not until someone complains).
* Note that many places you may think of as public really aren't - shopping malls are private property, subject to whatever rules the owner places upon them. And of course now we're hearing more and more of public places where photography's being restricted for "security reasons," but that's another story.
Once you've got the image, then issues arise of what you're going to do with it. You shouldn't sell an image of another person or their recognizable personal property, because they might take offence or more likely will want financial recompence - they want their cut of the pie.
If you're taking pictures "on assignment" - meaning that the mom's buying your time and you're giving her all the images and rights thereto, then it's up to her to get permission for whatever she does with them afterwards - in theory at least. If she sells one of the images to Vogue magazine and the kid's dad gets a lawyer, the magazine will point back to her. She might try to point back at you, (who's got deeper pockets?) but she was the seller and you *should* be protected... but what did the contract between you and the mom say?
I'm not sure how deep we want to go down this rathole, especially without a real lawyer in the room or a real contract to look at, but that's my $.02 which is probably worth every part of nothing ;-) The short answer is "get everything in writing." Make sure that she gets permission from the public venue, from the parents. If it's just permission for pictures to be taken that will be given away to the kids and their families for scrapbooks, great. If you, she, or the other parents want to do any sales, make sure permissions are all written down. You just don't want the legal system to come back to you six months from now.
for further reading: model releases (including private property), public property (Eiffel)
my words, my "pro"pictures, my "fun" pictures, my videos.
Dont worry about it.
She is paying you to take pictures.
Take pictures.
Give them all to her when you are done.
Forget about it.
If you are not trying to sell the pics, and you are not publishing the pics, there is no issue.
Give her a reciept for the photos that includes some small print giving the copyright of the images to her. If she sells the photos, the copyright is hers and it's her problem.
my words, my "pro"pictures, my "fun" pictures, my videos.