Photo Rights and Responsibilities
With the increasing ease of capturing images for personal and professional use, more and more people are capturing and distributing photos and videos. But are they prepared to deal with the legality of their use?
If your job requires you to take photos, video or audio of strangers, you should always carry photo ID and have a business card you can hand out. If you’re going to need written approval for use of the images, bring blank model releases with you. It’s much easier to deal with that while the person (or their parent) is at hand. Tracking them down later can be a pain.
As for posting personal or professional photos to an online service, I’m leery of publishing photos of other people’s kids without explicit permission.
In many countries you can take pictures of people and use them for editorial or “artistic” purposes, as long as the people are in a public place, or if you have their approval. As I understand European laws, personal privacy rights are a lot more restrictive of photographers.
Any future commercial use of a recognizable image without the permission of that person or their parent/guardian can leave you and your organization legally vulnerable. Just because someone posts something under a Creative Commons license, doesn’t automaticallly mean they have the model’s permission for commercial use.
The same risks apply to pornographers, or course, but I’m not offering any advice on that front.
The usual disclaimer applies: IANAL (I am not a lawyer).
See The Hazards of Taking Kids’ Photos
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