Birthday and release form question

[Deniell762]

Hello,

I've been looking around this forum for a little while and have found out tons of info, thanks to you all.
I'm just getting into doing photography as a business, and have a question about my next job.

It's a birthday party for a 2 year old.
I've surmized from these forums that I would need a model release form for each kid that I photograph, even if they are visible in the background, to use that picture.
Am I correct?
And if that is the case do I need a seperate form for each parent or can I make up a sign-up sheet of some sort where each parent can write their kids name, and sign and date it?

And if there are any parents that are opposed to signing a form for their kids, would I have to blur out their faces if they appear in a picture? Or would that picture be totally un-useable?

it's also bieng held at a"My Gym", is there anything I need to know about photographing in a business?


sorry this is so long, just trying to cover all my bases so I know all the rules for this.

thanks so much!!
Andrea

http://www.geocities.com/photofan_drea/beautiful.html?1163639966689

[Jon, The Elder]

Andrea - Your location shows as 'NC' I'm guessing it as North Carolina. This is important as there are members all over the world and laws vary from country to country.

Basically, here in the U.S. you need a "Minor Model Release" if you are going to make a profit from the image by selling it to someone OTHER than the parent or guardian.
Example: I used a photo of a young rider (I shoot horses), for a brochure of mine. I got a signed MMR from the parent before I went ahead with the brochure.
Now, if you are just selling to the parent/guardian, you do not need a release.

If THEY intend to use the image for promotional use, say as a prospective model for some childrens product, THEY have the responsibility to obtain a "Copyright Release Form" from you.

Remember that YOU own the copyright to the image. They may buy a print, but you retain rights to the image itself. Sounds a bit complicated but this is how you are protected by federal law from people using your work illegally.

This way you can still retain overall rights, and sell the use for various time periods and purposes.

You can google for all kinds of examples of forms that are offered at no charge to you.

by the way - you might ease up on all the sepia examples on your site.

[Deniell762]

I realize that I need a minor model release, but what I need to know is if I need one for Each of the kids at the party??
If there are other parents that don't want to sign for their child who is attending the party can I still sell the photos to the person that hired me if their kid is in the picture as well??

[PhotosGuy]

If there are other parents that don't want to sign for their child who is attending the party can I still sell the photos to the person that hired me if their kid is in the picture as well?? I would. If you aren't selling it for commercial/advertising purposes, you should be OK. But, if you know any laywers in your area, check with them.

[jackies35]

Good question Deniell

I have done tons of children parties and I had never had any problems with parents and their kids in the pictures. In my neighborhood the parents will know why i am there. I will have a little studio setup and a list of what or who the pictures are for.

My friend is having a party for her son, and everything is done for him. The parents would have to grab their child and move them away from my camera or from the birthday kid.

I have never seen this done and I know the parents doesn't care because most of them have their digital camera flashing all night...

All pictures/images are on my machine and ready to be printed. Once I print all the pictures and place it on the CD for the parent who hired me, the images/pictures will be deleted. Only the parent (s) who hired me, will receive a copy of the CD at the end of the party. At that point, the other parents could speak with her (their friend) if they have any questions of issues...