Photography rights - previous charity work done

[wctm_photography]

Hi everyone!

I'm looking forward to your advice on this subject. For the past year I've been doing volunteer photography for a non-profit children's service in town. When I started I posted a few of the pics on Facebook and got a call from the center requesting that they be removed. At the time I had labeled the pictures with the center's name and the event that was going on when I took them. Well, a year later I'm contemplating going a little more pro with my photos and would like to use some of my work from them in a portfolio and/or on a Facebook page advertising my work. What sort of rights do I have in this? Aren't I the owner since I took the pics? Or is there a problem since they're pics of children and I don't have the parent's permission? This has always puzzled/bothered me. A friend of mine warned me about the whole permission thing because someone can supposedly come back and sue you if you don't have written permission to use pics that you took of them or their kids.

I have an upcoming gig for the center for their charity auction/dinner/fundraiser as well as another field trip with the kids to a fire station. I'd like to be able to tag the photos with my name and use them - beyond what I'll submit to them for their own use. What sort of permissions do I need or do I need them at all? Do I just let them know beforehand of my intentions and let them make the decision as to whether or not they still want me? They were extremely paranoid of taking pics at the fundraiser last year - they were even going to have people opt out of photos via the ticket. But I argued it would be too difficult for me to know who had required this and how was I supposed to know?? Any advice would be greatly appreciated....

[jpnatale]

It matter where you are located, first of all. I'll talk about here in the US.

If the charity event was open to the public, you own the copyright and can use the pictures freely in you portfolio. The issue of getting permission comes in the form of trying to SELL the USAGE rights of the photo with a person in it (and probably any recognizable part of the charity, like a logo or something). In that case, you would need a model release (or child model release, with parents sig.). However, you CAN sell 'art prints' like framed pictures, 4x6's, postcards, etc. If the event was closed, but you were allowed access and allowed to take pictures, they don't have any extra say in how you use them, just the normal rules as i've just stated.

I think the line gets a little blurry around advertising for yourself, so I don't know how the rules would view facebook. I feel like putting them on facebook, under like a 'portfolio' album, wouldn't be a problem, but it still might be considered advertisement. I'll defer to those more in the know about this part. Hope this helps!

[ldenne]

I would check and see if the center has the parents sign a photo release - i know that my kids daycare and school (and other groups such as girl scouts ) almost always have some sort of photo release so that they can use photos that have been taken. If they don't then i would suggest getting one that the parents can sign.

[Brian Mullins]

Originally Posted by jpnatale

I think the line gets a little blurry around advertising for yourself, so I don't know how the rules would view facebook. I feel like putting them on facebook, under like a 'portfolio' album, wouldn't be a problem, but it still might be considered advertisement. I'll defer to those more in the know about this part. Hope this helps!

My understanding from listening to IP attorneys talk about this is, if you are "blogging" about the event (i.e. - something newsworthy), it's ok to post photos of kids without getting releases from their parents. However, if you take out an advertisement in a magazine, side of a bus or even use it on your website to promote your work, you need a signed release. It is indeed a little fuzzy as it is example of your work but, in short, if you use someone's likeness in a commercial fashion (like advertising your business), a model release is needed. For minors, their parents need to sign it.

The center may or may not have a release form but it likely only protects them from usage.

[sk66]

If it is in a "portfolio" of any sort which is used to advertise/promote your business/services then it is "commercial usage" and you need a "model release" to use any image with a recognizable person in it..
You may actually need a "property release" to use images of private property that is readily identified and associated with the owner.

This is always open to interpretation and individual judgement, but you really don't want to go there...

[jpnatale]

Originally Posted by sk66

If it is in a "portfolio" of any sort which is used to advertise/promote your business/services then it is "commercial usage" and you need a "model release" to use any image with a recognizable person in it...

Even if it's just that, your portfolio, that displays your work? I understand any ads or printed material for advertisements, but what about an album/portfolio for displaying images? or an online portfolio for the same? i've always heard/read that if it's for your personal portfolio that it doesn't need a release, you just can't profit from that image without one

[sk66]

You could have a "portfolio" just for sharing pics (like flikr) but if it's associated with your "business" of selling photographs then it is easily interpreted to be "advertising" and thus "commercial".

As I said, it's open to interpretation, but it will cost more than a few to find out what the judge will decide.

[Hill Country Hack]

This is all very interesting. My first observation is if this is a children's shelter, then I can understand the center not wanting published photos of residents. Some of the kids come from very dangerous homes.

How do photojournalists get around the need for model release? Kinda hard to get releases from folks when taking images of a natural disaster, riot etc. There are frequently logos, clear faces, minors in these images.

[sk66]

"journalism" is another category of photography, and unlike "commercial work" it never requires a model release.

[mng100]

Can you expand on what type of children's center? For example, most medical facilities are bound by government regulations to protect health information of their patients.