Using photos of children on your website - guidelines?

cal_gecko

Just curious -

I'm thinking about offering my photography services on my website, and I have some shots of kids playing baseball that I took, and would like to use as examples of my work. I also have some photos of my friends kids that I've taken, and would also like to use those..
Obviously, I will ask my friends if they mind me using the images of their kids to promote my services.. but the photos of the kids playing baseball - I have no idea who they are, let alone who their parents are or how to contact them. Is there a general rule of thumb for this? Or even any 'laws' or 'regulations'?


Thanks

Richard

Moved to MYOB.

J.T.

cal_gecko wrote:

Just curious -

I'm thinking about offering my photography services on my website, and I have some shots of kids playing baseball that I took, and would like to use as examples of my work. I also have some photos of my friends kids that I've taken, and would also like to use those..
Obviously, I will ask my friends if they mind me using the images of their kids to promote my services.. but the photos of the kids playing baseball - I have no idea who they are, let alone who their parents are or how to contact them. Is there a general rule of thumb for this? Or even any 'laws' or 'regulations'?


Thanks

If the kids are playing basketball in a public park or area it's fair game, no release needed. Use common sense obviously but there is no expectation of privacy in public areas, streets, etc.

And yes, ask your friends for permission before using shots of their kids.

Good luck!

cal_gecko

J.T. wrote:

If the kids are playing basketball in a public park or area it's fair game, no release needed. Use common sense obviously but there is no expectation of privacy in public areas, streets, etc.

And yes, ask your friends for permission before using shots of their kids.

Good luck!

Excellent - that's what I was hoping to hear

thank you!

Udiny

No, you don't need a release.

This is a GREAT resource to learn more when you do or don't.:

http://www.danheller.com/model-release.html#2

I found it very helpful to me.

Udi

Angelo

at the top of the MYOB forum you'll find a sticky thread "Photogrpaher's Resources" in which you'll find lots of info about this topic.

Or use our fantastic "search" feature. We've discussed this a lot on dgrin

nipprdog

If the kids are playing basketball in a public park or area it's fair game, no release needed.

No, you don't need a release.

This is a GREAT resource to learn more when you do or don't.:

OK guys, do not post incorrect info that could get someone in trouble.

The OP said he wanted to use the photos to, in a sense, 'promote' his web site. Which means he is using them for 'promotional' purposes. As in 'advertising'.

Which means he NEEDS a release. PERIOD.

You don't need a release to shoot, or post them for sale. But, to use them for 'promotional' purposes, you need a release.

Here is an excert from the link that one of you posted;

"The background to all this is that people are entitled to control how their "likeness" is used for purposes of promoting a product, idea, political or religious view—or, to imply support for any of those things. If the use of the photo meets this test, then consent must be given by the subject of the photo, which is called "a model release."

We're all in this together. If you don't know the 'ins and outs' of the Law, don't give legal advice that could end up hurting one of us.

Angelo

nipprdog wrote:

OK guys, do not post incorrect info that could get someone in trouble.

The OP said he wanted to use the photos to, in a sense, 'promote' his web site. Which means he is using them for 'promotional' purposes. As in 'advertising'.

Which means he NEEDS a release. PERIOD.

You don't need a release to shoot, or post them for sale. But, to use them for 'promotional' purposes, you need a release.

Here is an excert from the link that one of you posted;

"The background to all this is that people are entitled to control how their "likeness" is used for purposes of promoting a product, idea, political or religious view—or, to imply support for any of those things. If the use of the photo meets this test, then consent must be given by the subject of the photo, which is called "a model release."

We're all in this together. If you don't know the 'ins and outs' of the Law, don't give legal advice that could end up hurting one of us.

however, simply hosting images he took on his website is not really promotional.

using those pictures in printed flyers, brochures or advertisements would indeed be a problem without releases.

.

J.T.

Different interpretation ... different answers
I think we all may have different interpretations of what people post in these threads and may answer them based on what we read/see differently unless there is a specific question asked, i.e. What is today's date?

I don't think any of us (I hope not) would post any information that would purposely hurt or harm someone. That is not what some of us are doing here.

My interpretation of what the OP asked was, can they put pictures on their website to show their work which includes pictures of kids playing in maybe a public basketball court. I did not assume that the OP was saying this: "The OP said he wanted to use the photos to, in a sense, 'promote' his web site. Which means he is using them for 'promotional' purposes. As in 'advertising'. Which means he NEEDS a release. PERIOD."

Maybe I am wrong in my interpretation, but I was under the understanding that using photos on your site as examples of your work of people or kids in a public area was fine to do without a model release. Is it promotion, yeah maybe. Is it advertising, yeah maybe. Is it just a gallery that shows someone's shooting style, yeah maybe. It can be any of those. Personally, I did before and still feel the same way like Angelo agreed in a previous reply.

Obviously common sense dictates here, but do you really think someone in the worst case scenario will go the length to sue you and pay thousands of dollars for lawyer fees and take the time to file a lawsuit, when all they have do is ask you to remove the photo(s) from your site in the first place if they are unhappy and you willingly do that and delete it?

I think there is a lot of misinformation and a lot of accurate information in dgrin and other similar types of threads/forums. The point here is that this site is used for discussion and for learning from.

Sorry if I mis-stated!

Udiny

Not a legal advice

nipprdog wrote:

OK guys, do not post incorrect info that could get someone in trouble.

The OP said he wanted to use the photos to, in a sense, 'promote' his web site. Which means he is using them for 'promotional' purposes. As in 'advertising'.

Which means he NEEDS a release. PERIOD.

You don't need a release to shoot, or post them for sale. But, to use them for 'promotional' purposes, you need a release.

Here is an excert from the link that one of you posted;

"The background to all this is that people are entitled to control how their "likeness" is used for purposes of promoting a product, idea, political or religious view—or, to imply support for any of those things. If the use of the photo meets this test, then consent must be given by the subject of the photo, which is called "a model release."

We're all in this together. If you don't know the 'ins and outs' of the Law, don't give legal advice that could end up hurting one of us.

You are right, I'm sorry if it seems like I was trying to give a legal advice. my point was to refer to the link that helped me understand a bit more about it.

LUCKYSHOT

I am not a lawyer so, I try to play better safe than sorry, But either way here is what I do. On my homepage I have plenty of shots of other people. These are either my kids, my friends kids,or my friends. And i have their permision to use the pictures. Why invite grief by putting up promotional pictures of kids who you dont know?
I also dont just show up and shoot games or events. I either sponsor the leagues, or I have someone bring me down and introduce me to the league officials. I also password protect any league or game that I am asked to.
Now, legally I dont have to do any of these things. But it makes good business sense to do them.
Good luck in your new endevour
Chris