I am publishing a calendar with local scenes. Some photos are of kids in a parade. Do I need a signed release?

Question

One photo in particular has a detail of four kids in halloween costumes, but thier faces are clearly visable. I have been told that because it was a public grouping I do not need a legal binding release to market the image. Is this true?

Answer 1

News photos are exempt from privacy rules. California, and for all I know other states and jurisdictions, have stricter rules than normal. Who took the photos? Often one relies on the photographer or the agency to get whatever permissions are required.

You might want to fudge the faces enough to make them unidentifiable. Remember that famous shot of the two lovers kissing in the rain in Paris? The photographer has been getting letters for years from people who claim to be those lovers. He never answered substantively, wanting to let the writers think they'd had their 15 minutes of fame, until lately when writers started claiming rights, and money. As it happens, the real subjects were paid models.

I don't know what the moral of that story is, except that you should watch out. And that any answer you get on Y! Q/A is not worth much. Even from me -- and I try to watch these issues. From afar: I live in Europe.

Answer 2

Yes. Especially anytime you are using any picture for profit you need to get a release from anyone that is "Clearly Identifiable". In other words if you can see the face or other distinqusing features you must get a release.

This especially hoilds true for children. for anyone under 18 you must also get a signed release from a parent or guardian.

Usually to be inforcable you must give something of value for the contract to be binding. This can be as simple as a digital copy of the photograph.

Here is a sample release form:

I, (Please Print)______________________________________________
(Model), and the undersigned parent of the Model, for good and
valuable consideration, the receipt of which is acknowledged, give
to Richard L. Butt (Photographer), his legal representatives,
successors, and all persons or corporations acting with his
permission, unrestricted permission to copyright and/or use, and/or
publish photographic portraits or pictures of the Model, and the
negatives, transparencies, prints, or digital information
pertaining to them, in still, single, multiple, moving or video
format, or in which the Model may be included in whole or in part,
or composite, or distorted in form, or reproductions thereof, in
color or otherwise, made through any media in photographer's studio
or elsewhere for art, or any other lawful purpose.

We hereby waive any right that I may have to inspect and
approve the finished product or copy that may be used in connection
with an image that the Photographer has taken of the Model, or the
use to which it may be applied.

We further release the Photographer, or others for whom he is
acting, from any claims for remuneration associated with any form
of damage, foreseen or unforeseen, associated with the proper
commercial or artistic use of these images unless it can be shown
that said reproduction was maliciously caused, produced and
published for the sole purpose of subjecting the Model to
conspicuous ridicule, scandal, reproach, scorn and indignity.

We acknowledge that the photography session was conducted in
a completely proper and highly professional manner, and this
release was willingly signed at its termination. We acknowledge
that the Model is a minor, and certify that we have given our
consents freely.

__________________________________________________________
(Model's signature) (Date)

_____________________________________
(Home telephone number)



__________________________________(Witness)
Parent's name (Please Print)



_____________________________________
(Parent's signature) (Witness)

Answer 3

I'd ask a local newspaper. Around here, (NE Ohio), everybody is identified, even the family dog. Also, there is the Permission Thing: do you have permission to use the photo? Someone might object to their kid being on your calendar.

Answer 4

You don't need a release, but it might not be a bad idea to get one anyway if you can. Someone might try to sue you over the photo, but they wouldn't get anywhere with it. I hope this helps you out. Good Luck!!!

Answer 5

I believe if the faces are shown you are supposed to get a legal release.

Answer 6

No release is needed.

Answer 7

Not if it was at a public place. How are you supposed to find their names or their parents to seek permission?

Answer 8

no