Beginner Release Form for Images on Website

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Name
Paul
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#1
I am a volunteer at a small aviation museum, recently one of our visitors asked if he could post some pictures of his children sitting in an aircraft cockpit on our website. At present the website does not have a "Gallery" page and the images would have to be posted by the webmaster. Should the museum ask for release forms even though the images were taken by the parent/legal guardian, and has a verbal approval to post them?
 
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Name
Nick
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#4
I would get a release just for general protection - in our current legal climate you never know what might happen, especially with images of children on a web site. As two examples, how do you know that the person is the legal guardian (could he be divorced and not have the right to allow this posting)? And, what happens if the other parent files a complaint with the museum against the posting?

And, I would add a question:

Why is the parent asking you to post his pictures of his children on your web site? If the museum initiated the request to post these pictures, maybe as a prize for a comeptition to promote the museum, hosting pictures of the kids on the web site would make more sense. But, why would a parent ask you to post his pictures on your web site? It would make more sense for him to post them on his own web site.
 
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Terry
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#5
Unless images are used for advertising or other commercial purposes no permission or release is needed. (this is a copyright issue)
Publishing of Photographs of children is no exception. unless they are immoral, when they are illegal anyway.

In this country no one owns copyright in their own image. Copyright always belongs to the Photographer. Who might, if they wish, sell or give away some or all of those rights.
 
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Terry
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#6
I would get a release just for general protection - in our current legal climate you never know what might happen, especially with images of children on a web site. As two examples, how do you know that the person is the legal guardian (could he be divorced and not have the right to allow this posting)? And, what happens if the other parent files a complaint with the museum against the posting?

And, I would add a question:

Why is the parent asking you to post his pictures of his children on your web site? If the museum initiated the request to post these pictures, maybe as a prize for a comeptition to promote the museum, hosting pictures of the kids on the web site would make more sense. But, why would a parent ask you to post his pictures on your web site? It would make more sense for him to post them on his own web site.

You appear to be confused by the various laws concerning the Photographing of children.
It is absolutely legal to photograph children going about their normal lives, No permissions or releases are required to either take or publish them.
In this they are no different to adults.

Child protection laws do restrict the use of images of certain categories of protected children, which is a concern of organisations who might take photographs for their own use. But this does not apply in the case of photographs taken by the general public.

Data protection laws are also often mistakenly cited as a reason for not publishing photographs of children. Identity photographs (of children and adults) held by organisations are considered data and would certainly come under that regulation, however general photographs would not.

None of this should be confused with the right of the owners of private property to ban or allow photography on their premises.
Or the right owners of websites to publish, or not, such photographs as they see fit.

In this particular case the motives for the request do not affect the legality, any more than posting such images on this site do.
 
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KIPAX

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KIPAX
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#7
I am a volunteer at a small aviation museum, recently one of our visitors asked if he could post some pictures of his children sitting in an aircraft cockpit on our website. At present the website does not have a "Gallery" page and the images would have to be posted by the webmaster. Should the museum ask for release forms even though the images were taken by the parent/legal guardian, and has a verbal approval to post them?
They should ask if it makes them feel better.. but they really don't have to.. they could take pictures of every child visiting the museum and put them on the website without asking parents permission if they wanted to... There are no rules or laws to stop them.. only common sense applies :)
 

sirch

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Chris
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#8
Perhaps release is the wrong term, it might be worth gettting a simple license statement from the photographer that he/she grants you a free perpetual license to put his photographs on the museum website. This could avoid any issues in future with the photographer either asking for payment or asking for the photos to be taken down, it's very unlikely but...
 
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Name
Nick
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#9
You appear to be confused by the various laws concerning the Photographing of children.
It is absolutely legal to photograph children going about their normal lives, No permissions or releases are required to either take or publish them.
In this they are no different to adults.

Child protection laws do restrict the use of images of certain categories of protected children, which is a concern of organisations who might take photographs for their own use. But this does not apply in the case of photographs taken by the general public.

Data protection laws are also often mistakenly cited as a reason for not publishing photographs of children. Identity photographs (of children and adults) held by organisations are considered data and would certainly come under that regulation, however general photographs would not.

None of this should be confused with the right of the owners of private property to ban or allow photography on their premises.
Or the right owners of websites to publish, or not, such photographs as they see fit.

In this particular case the motives for the request do not affect the legality, any more than posting such images on this site do.
Ok, but, my point was a different one. If the museum doesn't get a release and someone does complain, then their response has to be along the line of 'we are laegally allowed to display this photograph'. Which leads to conflict when the complainant challanges them. The complainant may lose legally, but the conflict remains and resolvoing things likely will cost money and may leave hard feelings..

However, if they have a release, then the museum's response could be along the lines of 'yes, we share your concern about the possible exploitation of children. We have been working with the parents who have provided permission for us to use these photos'. No confrontation.

Nothing wrong with the legal approach (from this non-lawyer's perspective). But, getting a release seems to avoid potential issues on a political and public relations front.
 
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Name
Les
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#10
Unless images are used for advertising or other commercial purposes no permission or release is needed. (this is a copyright issue)
Publishing of Photographs of children is no exception. unless they are immoral, when they are illegal anyway.

In this country no one owns copyright in their own image. Copyright always belongs to the Photographer. Who might, if they wish, sell or give away some or all of those rights.

THIS :plus1:
 
OP
OP
Pag
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66
Name
Paul
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#11
Thanks for the replies. I probably didn't make myself completely clear in the OP, my issue is not so much with the legalities of posting the picture but of public perception.

Why is the parent asking you to post his pictures of his children on your web site?
Your guess is as good as mine, it did seem slightly odd to me.
 
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Terry
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#12
Thanks for the replies. I probably didn't make myself completely clear in the OP, my issue is not so much with the legalities of posting the picture but of public perception.


Your guess is as good as mine, it did seem slightly odd to me.
The public will have no perception about whether you have obtained a release or not. most will not be aware of the possibility of obtaining one.

What you are really concerned about, is the posting of picture of children at all.

In my opinion that is pretty paranoid point of view, and the public vary as to their level of paranoid when it come to pictures of their own children on the web, though they display no concern at all, when they see photographs of other children.
The person in question clearly has no concern at all about displaying pictures of his own children. so that begs the question why would any one else?

There are literally Billions of family photographs of children on the web. a vast majority are posted by family and friends, but a considerable proportions are shot by strangers and street photographers. I can not recall anyone complaining about any of them.

It is a totally different matter if a celebrity or anyone else has a court injunction preventing such publication, then it is clearly a matter of law, not perception, as the public most probably would like to see such photographs if they could.
 
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#14
I am a volunteer at a small aviation museum, recently one of our visitors asked if he could post some pictures of his children sitting in an aircraft cockpit on our website. At present the website does not have a "Gallery" page and the images would have to be posted by the webmaster. Should the museum ask for release forms even though the images were taken by the parent/legal guardian, and has a verbal approval to post them?
Schools nowadays have to ask parents for permissions to publish photos of their children on the school's website or newsletters. It is possible that if the parent is happy for the school to publish the photos of their kids in the website and newsletters, and they are happy to sign the paperwork giving the school permissions, then is it likely that the parent would be happy for the photo of the kids sitting in an aircraft cockpit to be published on your website, but expected to sign forms out of habit, or assumed that you would need their permissions like the schools does.


I would get a release just for general protection - in our current legal climate you never know what might happen, especially with images of children on a web site. As two examples, how do you know that the person is the legal guardian (could he be divorced and not have the right to allow this posting)? And, what happens if the other parent files a complaint with the museum against the posting?
That is discrimination. Automatically assuming and stereotyping that a divorced father may not be the legal guardian, favouring the woman over than of the man. Beside, if he does not have the rights, why would he sign forms? You want to do something you're not supposed to do, you don't leave incriminating paperwork.


Why is the parent asking you to post his pictures of his children on your web site? If the museum initiated the request to post these pictures, maybe as a prize for a comeptition to promote the museum, hosting pictures of the kids on the web site would make more sense. But, why would a parent ask you to post his pictures on your web site? It would make more sense for him to post them on his own web site.
and
Thanks for the replies. I probably didn't make myself completely clear in the OP, my issue is not so much with the legalities of posting the picture but of public perception. Your guess is as good as mine, it did seem slightly odd to me.
@Pag

Does the museum you work for, sometimes take donations or any other support? Sometimes some people wants to let the museum have their loose change to help keep the museum going. Sometimes some would want to give you free adverting by telling other people how good your museum is. Writing a positive review about it.

It would be good publicity for the museum, to have the photo on their website, to encourage more families to come and visit. Maybe the parent is so pleased with the experience so much that the parent wants you to have the photo for your website, to show other families that they had a great time in the museum you work for.

Remember: A picture is worth a thousand words. What better way to give you a free photo of their kids enjoying a good time, than struggling to write a good review?

Otherwise, if the museum wants a similar photo for their website, the museum may as well waste money paying for young models and paying for a professional photographer, just to get more adverting.
 
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95
Name
Nick
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#15
That is discrimination. Automatically assuming and stereotyping that a divorced father may not be the legal guardian, favouring the woman over than of the man. Beside, if he does not have the rights, why would he sign forms? You want to do something you're not supposed to do, you don't leave incriminating paperwork.
You are mis-interpreting my post. I raised the hypothetical situation of 'what if' that were the situation. I could have just as easily said 'what if the mother were divorced....' The OP's comment used the phrase 'parent/legal guardian but, they don't know for sure that the person making the suggestion to post the photos is the legal guardian.I was simply trying to provide an example of a situation where the museum might want to have something more than a verbal agreement to avoid being dragged into a messy situation.

I agree with your comment about signing the forms. That is one reason why I suggested that getting a signed release would make sense.

I doubt that anything sinister is going on with this request. But, the OP asked whether the museum should get a signed release. I think it would be a good idea and is hardly a major thing to get, especially since, as you say, parents are used to signing release forms for their kids.

Our society is getting too sensitive on minor issues in wording like are being discussed here. I'll going to back out of this now.
 
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