- This topic is empty.
Images of children at public events
-
Hi Everyone
I have encountered a problem recently that I would love some other opinions on.
I was recently asked by a charity to cover a local event for them which I was happy to do free of charge. As part of the job I photographed a child, with the permission of the mother, and posted the pic to my facebook page as part of publicity for the charity event.
I have sine received a rather abrupt message from the child’s father asking me to remove the pic from the “internet”.
Couple of Q’s
Where do I stand legally?
What would you do?
How should I respond to Dad?S
sheenag wrote:
.. I photographed a child, with the permission of the mother…
Do you have any in writing to confirm what ‘type of permission’ you where given here ?
Because even though the mother may have given you permission to ‘take the picture’ of her child, that doesn’t actually mean that she gave you (or anyone else) permission to ‘use the picture’ of her child… in any way.
So that is where you legally stand here – unless you have something in writing to prove otherwise.
Please note: I’m not a lawyer, so this is just ‘my take’ on this situation, based on what you have said above.
Also note: We had a Dublin law firm last year, demand we pay them 20,000 euros to settle this ‘same type of dispute’ out of court – which at first we thought was a joke, but I can assure you, we weren’t laughing and neither were they :oops:
So if it were me – based on the assumption that you do not have anything in writing to prove that the mother did in fact give you permission to use the pictures of her child in this way – I’d write back and apologize for the misunderstand regarding the actual details of the permission granted by the child’s mother at the time the images were created, and also let them know that you will remove the pictures right away, etc, etc.
Unfortunately it’s the world we live in I suppose?
A well meaning gesture by you lands you in a spot of bother.
You might carry in the future a few model release forms just to cover you
if you are asked to cover an event.If you took the photo in public, a child has no special rights above an adult.
If someone asks to have a photo removed, in general, I would remove it. But, you have no legal obligation to.
Ashley wrote:
Also note: We had a Dublin law firm last year, demand we pay them 20,000 euros to settle this ‘same type of dispute’ out of court – which at first we thought was a joke, but I can assure you, we weren’t laughing and neither were they :oops:
Sorry … what dispute? Why were they demanding money? For what? Under what legal basis were they making a claim?
paul wrote:
Sorry … what dispute? Why were they demanding money? For what? Under what legal basis were they making a claim?
Since this is an Open Forum, I’m sure you understand, that I’m obviously not prepared to answer those questions here.
But what I will say is, that IF a Law firm gets involved, then you may be amazed at what they will say and what they will try to sue you (or your client) for – which you may actually find very hard to disprove, especially after the images have been used.
Just imagine a picture on the front cover of your local newspaper, showing a mother holding her very distraught looking child, who is in tears as a result of your actions – and then picture the headlines too.
Avoid at all costs, would therefore be my advice, as it’s just not worth it.
Ashley wrote:
paul wrote:
Sorry … what dispute? Why were they demanding money? For what? Under what legal basis were they making a claim?
Since this is an Open Forum, I’m sure you understand, that I’m obviously not prepared to answer those questions here.
Actually, no, I don’t understand at all. If they are trying to claim a breach of some law, then surely a public discussion board of such an alleged crime would be the perfect place to discuss it.
Ashley wrote:
But what I will say is, that IF a Law firm gets involved, then you may be amazed at what they will say and what they will try to sue you (or your client) for – which you may actually find very hard to disprove, especially after the images have been used.
Just imagine a picture on the front cover of your local newspaper, showing a mother holding her very distraught looking child, who is in tears as a result of your actions – and then picture the headlines too.
Judges tend to rule on points of law, not on emotive images in papers.
I shoot many many public events, mostly including children. Images I shoot are published in local and national papers, and are also available online. They are posted on FlickR and Facebook. I shoot a lot of parades, festivals and other public events. As an events photographer, I am not aware of any legislation that prohibits the photography of children in public. There is no legislation that separates the photography of a child from the photography of an adult. You don’t even need the permission of anyone to take such a photo. Now, the storage and use of the photo would then be covered under the Data Protection Act, but again, this only somewhat limits your use of the image. Editorial use of images is definitely protected, as long as the images honestly depict the scene.
I have never had a complaint from a solicitor, but if I did, I would gladly consult proper legal counsil and would not cave in to some bully, nor listen to threats of nothing from a solicitor. I would also be very sceptical of advice online saying you should cave in, without knowing facts.
paul wrote:
Now, the storage and use of the photo would then be covered under the Data Protection Act, but again, this only somewhat limits your use of the image.
I would also be very sceptical of advice online saying you should cave in, without knowing facts.
I would agree – so the question is: Do you (sheenag) have anything in writing here, to say what was agreed at the time, in regards to how these images could be used afterwards ?
You must be logged in to reply to this topic.
