Legal question on Child Photos

[Gargamel]

Morning all, I wonder if I might have a brief scuba in your think tank.

I am setting up a website for a local village football team, as part of the content we intend to have some photos of the children playing. Match pictures stuff like that. So mostly group shots,

Given that the matches take place in public, should I seek parental permission first to put images on the website.

so two questions - what is morally right and what does the law say ?

Thanks

[Don]

Children recieve special protection in law that adults do not with respect to images.

You would be wise to ask parental permission to post pictures of any minor on the internet regardless of purpose. I'd be AMAZED if it was a problem for a football team website, though.

Sadly you do get the odd idiot that thinks it's just wrong that Google can take pictures of their house etc etc.

[Simpo Two]

The BBCs latest wheeze is to have all the children out of focus so they can't be recognised by the hordes of seedy raincoated men lurking in the bushes. Not much use for your purposes though!

[Fordo]

Simpo Two said:

The BBCs latest wheeze is to have all the children out of focus so they can't be recognised by the hordes of seedy raincoated men lurking in the bushes. Not much use for your purposes though!

I had to do something similar for a private nursery who wanted a promotional video. Focus on a teddy bear of foreground, with out of focus children playing in the background, and so on. Weird way of filming, but its the way of the paranoid times i guess.

Weirdly, we had written permission from the parents, as we were filming interviews with the parents to go in the video, but we still had to shoot so no child was recognisable.

I saw a story a year or so ago about a school who had photos on their website- a parent complained, so they edited the photos so every child's face was obscured by a yellow smiley face. Thats just creepy:

http://www.thesun.co.uk/sol/homepage/news/article8...

In regard to the OP's question- id get written permission from all the parents, just to cover yourself.

Edited by Fordo on Thursday 22 October 09:53

[Hugo a Gogo]

My kids' kindergarten has an 'opt out' option for pics

if you say you don't want your kids in any pics, they don't use any of them

so the paranoid maniacs/hollywood celebrities/international terrorists can have their kids moved out of the way when a photographer is about, while the others get on as normal

[ian in lancs]

My twopenneth...

Are you CRB checked? I am and I only shot under that remit.

You need a signed 'release' form from the parent / guardian stating what / who you will be shooting and to what purpose the pictures will be put and asking for their signed permission to include their child(ren). I'm sure someone like the APS or RPS might be able to help with wording.

Make sure the pictures are posed / shot approriately and only use poses / shots that cannot be misread. I have given the organisation a complete set of pictures taken in the past to protect myself. Use copyright and I would also ensure the picture can't be copied (right clicked) from the web-site and used elsewhere. Also put a link on the site to allow subjects or parents / guardians to ask for removal of a specific shot if they object.

[Gargamel]

Thanks Ian - I am the coach for the team not the photographer, but I will be uploading the images so just need to know the score.

I think we will seek parental permission as it might save a bunch of time. Actually the NSpcc site has some good and useful information and indeed a prepared release form

I am just grateful we aren't a swimming or gymnastics club!

[simonbrooks]

I think you'll find that there are NO laws protecting children from being photographed in a public area. This is a common misconception. Everyone seems to think that the "child protection" laws stop you from taking photos at any time. They don't. It's not even illegal to take photos in a school, the only issue is that you need persission from the LEA as it's on private grounds.

check out http://www.sirimo.co.uk/2009/05/14/uk-photographer...

(I'm prepared to be corrected of course!)

Enjoy.

Simon

[Simpo Two]

So anyway, when I'm lurking in the bushes with my grubby mac on, I can only abduct those children that I recognise from the photo in the paper. The others are quite safe.

Fear replaces logic.

[jon-]

Simpo Two said:

So anyway, when I'm lurking in the bushes with my grubby mac on, I can only abduct those children that I recognise from the photo in the paper. The others are quite safe.

Fear replaces logic.

If the government could only associate child fears with global warming the resulting combination would be an unstoppable force for FUD.

Think of the kittens!

[GetCarter]

simonbrooks said:

I think you'll find that there are NO laws protecting children from being photographed in a public area. This is a common misconception.

Indeed.

I take photos of the local kids in Panto, at the fete, running the hill race, whenever I'm asked. They are all on the internet. I have only once had someone ask me to remove, so I did.

The day perverts stop us being normal, they win.

Edited by GetCarter on Thursday 22 October 13:56

[Don]

Telegraph

Interestingly it would appear that restrictions on the images of minors only apply to ones involved in legal proceedings.

According to the UK Photographers Rights PDF that so long as you are not harassing or harming them you are OK photographing kids.

Given the nature of the world today, however, I would expect to be accused of harassment within seconds.

[Ed_P]

I was working with a well-known local event photographer at an equestrian event where he was "official photographer", specifically invited to record the event. There was a Junior class, and while he was photographing it, a parent confronted him asking "Are you a paedophile?". He was lost for words initially!

I often photograph spectators and supporters at events, but if there are children present, always ask adults first if it's OK. I've never been refused. I am fully CRB-certified (or whatever the term is), and if photographing school events, always sell via my website through password-protected portfolios. I ask the head-teacher to choose and distribute the password.

I've never had any problems, but it does seem a bit of a minefield sometimes.

Edited by Ed_P on Thursday 22 October 14:41

[Frankeh]

IIRC it should be ok to do it without. But asking permission is just a way to avoid hassle.
Also I wouldn't have been kind if someone walked up to me and asked me if i was a paedo. I wouldn't be lost for words, either. I would have many 4 letter words for them.

People nowadays.

[Mr E]

Don said:

Children recieve special protection in law that adults do not with respect to images.

Erm, and these laws are?

My understanding is that if it's a public place, you can shoot and publish whatever you wish.

[mrmr96]

Legally you don't need permission to take the photos or upload them, so long as they are taken in a public place.

Morally I think most parent would apprieciate being asked or at least informed.

[davefowler1987]

Having set up a similar site - in principal there is not a problem doing this, it may be asking the club child welfare officer (if they have one) whether this is in the registration details or not.
At our club the parents can opt out of allowing photographs to be taken / used.

The FA are pretty hot on things like that even if it is not illegal, Child Protection and all that. But if the club is well set up they will have a policy on this already. Any probs drop me an email

[Don]

Mr E said:

Don said:

Children recieve special protection in law that adults do not with respect to images.

Erm, and these laws are?

My understanding is that if it's a public place, you can shoot and publish whatever you wish.

I clarified above. One example is images of minors involved in legal proceedings. Apparently there are others but I'm not a lawyer and am not going on an extensive Google hunt. And you are correct - it is not illegal to take photographs in a public place even if they contain minors...

[Gargamel]

Given that the parents pay the club subs on behalf of the children, I think in this instance I will seek approval before going ahead.

But last night I was arguing that there was no legal reason why we couldn't do this, so its good to hear its true.

[ian in lancs]

Gargamel said:

Given that the parents pay the club subs on behalf of the children, I think in this instance I will seek approval before going ahead.

But last night I was arguing that there was no legal reason why we couldn't do this, so its good to hear its true.

Ah, but hell hath no fury like a parent on a crusade. Unfortunately we live in a sometimes emotional and irrational world