Online legality issues...what to do?

[ryno4youth]

I was asked by an elementary school association to compile photos into a year end DVD. I told them I would upload the photos to a web site so parents could order prints. I was then told we have to get permission from each parent of the children in the pictures in order to post to the web. Is this true, or are they misinformed? I make no profit from the sale of these photos, all profits go to the school. What are our legal rights as photographers in the area of posting photos to public domain?

[rdenney]

I was asked by an elementary school association to compile photos into a year end DVD. I told them I would upload the photos to a web site so parents could order prints. I was then told we have to get permission from each parent of the children in the pictures in order to post to the web. Is this true, or are they misinformed? I make no profit from the sale of these photos, all profits go to the school. What are our legal rights as photographers in the area of posting photos to public domain?

People have a right to privacy, and that includes the right not to have their images displayed publicly. They lose that right when they become a public figure, but that certainly would not apply to the children at the school. It has nothing to with any intent to make profit on your part.

Thus, permission is required to display images in public (including online). This is usually convered in the agreement that photography clients sign on hiring the work (assuming they agree to vew images online). If there is nothing in writing granting you permission to post the images on the Internet, then you run the risk of legal action if you do. There's a reason I don't have recognizable pictures of people on my web page.

It's also the reason I carry a couple of model releases in my camera bag, though so far the killer picture that makes it worth approaching someone hasn't presented itself.

I would suggest that instead of posting them online, you make proofs to show to the parents.

Don't confuse "in public" with "public domain". The latter refers to the copyright on the image being granted to the public domain, such that anyone can use the image for anything. You wouldn't grant that even if you had permission to post the images--you would still maintain your copyright.

Rick "who would not want to tangle with angry and paranoid parents" Denney

[Seamless]

I told them I would upload the photos to a web site so parents could order prints.

What is usually done by commercial photography studios to respect privacy concerns is to make the web photos password-restricted. Only the parent(s) of the child can view the photos.

There's a second major concern for safety of the children, thought to be endangered by public displays of images of students, particularly in tandem with identifying names, which when connected with the school name, can be used to target potential abductees or abusees.

If you don't have the tools to meet those concerns, proofs make better sense. You might be able to request email addresses from parents who prefer viewing the photos online, or instruct them to send you an email request for the file. That would be difficult to properly document, though, in case of a claim that a request was fabricated by someone not the parents.

[eastcoast909]

Have to agree with the above posts. It probably has less to do with privacy of individuals than with the linkage of young children, their names and where they can be found.

I am a member of a figure skating club and we run into this every year. We would like to post images of the children skating but are very reluctant to do so because of the concerns raised above.

Proof are probably better way to go if you cannot 100% ensure their privacy.