Children's photos on the web

[Haze]

hi there

I wondered whether anyone knew of a legal requirement covering photographs of children on the web? I am thinking of school web sites and the like. I am running a couple of sites where children are involved such a kindergartens, etc. and they'd like to have photos  of Easter Bonnet parades, etc. How best should I approach the issue of children's photos on sites...? Any specific requirements or guidelines to follow?
I had thought of initially getting written permission from parents and approval of the photos by parents/guardians before use of any photos, if indeed I will entertain the subject.

Cheers

[Tony]

Get signed permission from the parents / guardians and you shouldn't have a problem.

Most schools would do this for you, contrary to overhyped sun readers beliefs, taking and publishing photos of children (whosoevers they are) is not illegal, however if you are using the photograph in relation to a business or organisation, then you do need a signed release.

[robwhizz]

I had thought of initially getting written permission from parents and approval of the photos by parents/guardians before use of any photos, if indeed I will entertain the subject.

You will definitely need a model release from the parents/guardians before publishing any pictures on the web.

Check with the school though as most get releases signed at the start of the school year (we sign one for our kids so that the school can post pictures up to it's web site), it just depends on what the release says but will most likely will cover them for web sites.

[edit] Tony beat me to it, but I was under the impression that taking pictures of kids is not illegal, but you weren't allowed to publish the pictures without permission?

[Mr Anderson]

http://www.sirimo.co.uk/2009/05/14/uk-photographers-rights-v2/

[slaughteredlamb]

Basically there are no laws preventing you from taking photos or publishing photos of children. When it comes to taking photos, assuming you aren't actually up to no good, the only law that can prevent you from taking photos of children is if the act of doing so causes a public disturbance i.e. parents/guardians/other members of the public don't like you taking photos of children and an argument breaks out.

When it comes to publishing photos of children you don't need any release whatsoever unless you are using them in a non editorial way i.e. if you were using a photo of a child to seemingly promote a product or service then a model release would be required. However, whilst there is no law at all to prevent you from publishing photos of children you cannot be ignorant to the fact that there is an awful lot of misguided fear and information over the childrens photos and an angry parent(s), whilst they may have no legal grounds to do so, could make life very difficult for you and your business. Therefore it is advisable to approach any parents of children who's photos you wish to use and ask permission. This does not need to be in the form of a model release but should be documented and not just a verbal agreement. Depending on the exact nature and usage of the photos it might also be a good idea to put a disclaimer on the website (doesnt need to be prominent) saying that all photos of minors are used with permission of their parent or legal guardians. If nothing else this shows you to be aware of some parents fears and have the best intentions.

HTH

[Haze]

Our local drama group, which the wife was a member of, did a production of "Oliver!" a couple of years ago, and decided against posting any kids' photos just because of the hassle of getting releases. And as you can imagine, there were quite a number of kids involved.

Thanks for the comments and advise all.

[robwhizz]

I stand corrected

Good explanation slaughteredlamb and excellent link Dave.


A lad at work was telling me that his school now doesn't allow parents to take photographs of school plays etc. He also had problems taking photos of his baby in hospital! She was prem and in a neo-natal ward with other babies and staff were highly concerned that he might accidentally capture another baby in the frame.