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photography laws

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lisa1710
lisa1710  1
22 Feb 2013 - 6:45 PM

Hi evryone
I was wondering if you could clear a few things up for me

1st Dose the photographer own the the pictures that they take???? (in a studio)

2nd If those pictures contain a baby with mum and auntie do I have to have permission from the parents to send the pictures to the auntie because the baby is under 13 years old?????

Thank you lisa Grin

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rambler
rambler e2 Member 6469 forum postsrambler vcard England14 Constructive Critique Points
22 Feb 2013 - 7:15 PM

Hi Lisa,

Yes you do own the images but unless your model has signed a Release Form then your rights as to what you do with the pictures are limited.

In the case of child photography it is always wise to get permission from the parent before releasing them to anyone or displaying them.

Ken

mikehit
mikehit  56298 forum posts United Kingdom9 Constructive Critique Points
22 Feb 2013 - 7:34 PM

1st - yes, in the absence of other written documentation, release form or other contract
2nd - it is not a requirement but if someone has paid you to take any picture, I would assume it is a professional courtesy to seek permission to send it to anyone other than the person hiring you. Some pros have a contract for all paid jobs that allows the photographer to use the photo for non-commercial uses (adverts, competitons etc) but they still inform the perspon to avoid bad publicity

lisa1710
lisa1710  1
22 Feb 2013 - 7:34 PM

ok but it is not against they law to show them to the auntie who was also in the pictures with my children and the baby is it????

I did a photoshoot for a family member and gave her, her pictures but kept some of the pictures for myself and showed the auntie 2 pictures that i had kept (which had my children in). (i did the shoot for free as it was family and didnt think there would be all this trouble)

Know the mum who was in some of the photos but not all is stating i cant use them and am not allow to show them to anyone as under child protection the child has to be 13 and above. i know i own all the pictures and have copyrights on them but dont know about the child protection thing

thanks lisa

mikehit
mikehit  56298 forum posts United Kingdom9 Constructive Critique Points
22 Feb 2013 - 8:09 PM

Not against the law. You hold the copyright and can do whatever you want with them as long as it does not risk demeaning the people in the photo (not relevant here I guess).

I find it strange that the mother is stopping you showing the pictures to the auntie (that is how I read it) but as far as I am aware she cannot stop you. I can go into the street and take a picture of a 10 year old and post it on the internet if I wanted to. I am breaking no law but I may upset the parents.
Similarly, I would be very surprised if she can stop you doing so unless the child is under some protection of the courts.

Where the age 13 comes in I have no idea, because I believe that applies to the legal age of sexual consent.

Working for families can be a nightmare. Doing favours for families can be even worse.

lisa1710
lisa1710  1
22 Feb 2013 - 8:16 PM

Yes i agree it has turned into a nightmare and i will never make that mistake again. I also find it strange that she is saying the auntie is not allowed to see the pictures but i dont want to get involve about why she is being funny about them.
I didnt think it was true but she was starting to get thinking it might be, i was looking for some kind of doc that i could show her that tells her its not but couldnt find anything

Thanks for your help

lisa xx

User_Removed
22 Feb 2013 - 8:49 PM

You can do what you want with them and make copies for anyone you like but you can't exploit them commercially (like using them on a Mothercare poster). She can't stop you showing your photographs to whoever you want, however professionally you should respect her wishes if she paid for the photography. I suspect there's a bit more to this than meets the eye?

lisa1710
lisa1710  1
22 Feb 2013 - 9:13 PM

She never paid anything for them I just did it as a nice thing to do as her boyfriend is my couson, all i did was show the baby's auntie and she was in the photo's along with my children, but the mum has gone mental and said i was not allow to show her without her permission when i told her the photo's are mine and i can do as i wish (after her calling me a lier and all sorts) she came back at me saying "well they had my son in who is under 13 years so you need parental consent ... just search for child protection online it will tell you" i did and could not find anything on it .
i belive she is up to something but dont know what so thought i would check to be on the safe side.

thanks

lisa xx

User_Removed
22 Feb 2013 - 9:18 PM

She'll be quoting the data protection act next, don't worry it doesn't affect you.

I think the parental consent thing possibly comes from a school policy (not a law) concerning photos of activities like school plays.

You've done no wrong, so ignore her.

thewilliam
22 Feb 2013 - 9:20 PM

I'm careful whenever pictures feature minors and a large part of our risk assessment covers this activity.

Paedophilia is the new witchcraft in that once accused, it's impossible to prove one's innocence. Just one incident can destroy a business or reputation so it's unwise to provoke parents.

Fogey
Fogey  168 forum posts United Kingdom13 Constructive Critique Points
22 Feb 2013 - 10:52 PM

Look here.

http://www.telegraph.co.uk/comment/personal-view/3559975/There-is-no-law-against...

Jestertheclown
22 Feb 2013 - 11:06 PM


Quote: I think the parental consent thing possibly comes from a school policy (not a law) concerning photos of activities like school plays.

I'd say you're right there Chris.

At the lower school where I used to work, there was a 'no photographs to be taken by parents' rule at plays etc. inside the building. That was put in place to placate just one particularly obnoxious father who was terrified that another parent might get a shot with his (he thought) delightful son in the background or somewhere.
It also prevented dozens of mobile flashes going off in the, already nervous, children's faces.
Instead, I was brought in to take as many photographs as I could. I'd have free rein to stand and shoot from any and every angle and being a CRB checked governor and member of staff, all the parents, even the obnoxious one, found that acceptable.
Once the shots were sorted out and processed, I'd email them to any parents that wanted copies of the ones with their children in (and any that were in the background).
For some reason, the obnoxious one never did ask me.
At outside events, sports day etc., it was a free for all.

Bren.

Last Modified By Jestertheclown at 22 Feb 2013 - 11:07 PM
LVanDhal
LVanDhal  1126 forum posts United Kingdom1 Constructive Critique Points
22 Feb 2013 - 11:18 PM


Quote: She never paid anything for them I just did it as a nice thing to do as her boyfriend is my couson, all i did was show the baby's auntie and she was in the photo's along with my children, but the mum has gone mental and said i was not allow to show her without her permission when i told her the photo's are mine and i can do as i wish (after her calling me a lier and all sorts) she came back at me saying "well they had my son in who is under 13 years so you need parental consent ... just search for child protection online it will tell you" i did and could not find anything on it .
i belive she is up to something but dont know what so thought i would check to be on the safe side.

thanks

lisa xx

You should ask her to prove that what she is saying is so, she made the accusation its up to her to back it up.
By appearing in the photos with the child, and as its mother, she gave implied consent, how ever she may have made the mistake of not obtaining consent from the child's father, which is an issue for her and the child's father not you as photographer.
She has no enforceable legal case what so ever, as no harm occurred either to the child, and that is all child protection laws are about.
Children are not property, and are not owned by parents.
Their is nothing to stop you from showing the photos to anyone, the child has no commercial interest to be protected ( they are not an equity registered child actor i assume)
( if in doubt, ask her to see her solicitor and have them write you a cease and desist letter which you will naturally obey at no cost to yourself- though she will have to pay quite highly )

User_Removed
23 Feb 2013 - 12:14 AM

Ignore her. If you can. Her rants have no basis in law.

Paul Morgan
Paul Morgan e2 Member 1315163 forum postsPaul Morgan vcard England6 Constructive Critique Points
23 Feb 2013 - 1:55 AM


Quote: she came back at me saying "well they had my son in who is under 13 years so you need parental consent

Its not as if your a photo journalist and using these pictures with a story for a paper is it, and its sixteen not thirteen Smile

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