School Yearbook Photography Problems

[NicoleScraps]

First I will tell you that this might be somewhat of a long story and I so appreciate any of you who take the time to read all the way through and offer your opinion.
My three youngest children are all in the same elementary school. We live in a fairly small rural community, the whole school pre-k through 5th grade is around 200 kids. I have always been the parent at all of the school functions taking lots of photos, because I love it. It has been my hobby for several years and I treasure the photos that I have of my children and their friends. So it was known that I enjoy photography. It is also no secret that I am heavily involved in digital scrapbooking. So last year, when the lady who had been doing the school yearbook quit (because her child went to middle school) they asked me if I would take over and I said yes.
Of course, it is purely volunteer but I spent countless hours attending school functions, some of which I would not normally have attended because none of my children were involved, taking hundreds of photos. If I could not attend, I coordinated with other parents to make sure that the event was covered. I sold ads. I coordinated the printing. I created each of the 40 pages individually in photoshop. I was very careful in selecting the BEST photos, carefully arranging the pages so to maximize our print space, making sure that they were tastefully done. I have gotten tons of compliments on how well the yearbook was done last year. I was overall very happy to have the experience and enjoyed it.
However.....there is always something that goes wrong. More like a someone, in this situation. On one of the last few days of school, the pre-k had a little graduation picnic and I took tons of photos. I have a child in that class, two of my best friends have children in that class, and I also took some group photos to use in the yearbook. I posted the photos that I took of my child and my friends' children on my personal facebook account (with their permission of course). I am friends with my son's pre-k teacher on facebook as well, so one day we were discussing in the hallway of the school a particularly cute photo of her and my son that I had posted on FB. Another lady was standing nearby listening to our conversation, the PTO president, who is also my across the street neighbor as well, I really do not like her and never have. I talk to her about "official school stuff" if I have to but for the most part, we are happy to go on hating each other, LOL. The next day, I got a call from the school principal saying that "she heard through the grapevine" that I had been posting photos that I had taken for yearbook onto my personal facebook account. I said "yeah, the ones I took of my kids and my friends kids." She said "Did you take those as the yearbook photographer or as a parent?" I said "How can I answer that question when it is obviously both. I will always be both a parent and a yearbook photographer in many situations." I told the principal that I knew who told her that and I believed that she had malicious intent or simply just didn't know how to either mind her own business or just ask me directly if I was posting photos of other people's children without permission. I also told the principal that she needed to keep this lady off my back or she could do the yearbook herself next year.
So now we have two weeks until school starts and I have to make the decision whether to do the yearbook again this year or not. My husband does not want me to because he was very offended on my behalf. He said that those photos are MY photos to do with what I want. I took them. Period. And if I post them on facebook then so what? If I do decide to continue doing the yearbook he wants me to have the school and the PTO sign a contract with me saying that the photos are mine and a release of liability or something like that before I start on next year's book. But I do understand that people wouldn't want photos of their kids posted on the internet and I would never do that without permission. I didn't do that in the first place, was just accused of it.
So having read all of this.....what do you think? Do I OWN those photos? Can I do what I want with them? They were all taken on school property or on field trips. I was invited to be there for that purpose. Should I have them sign some sort of contract to protect me in some way? If so, what wording would you recommend? Or should I just let it go and not worry about it?
I do want to do the yearbook again, because 1. I enjoyed it. and 2. No one else will do it if I don't.
Any opinions or words of wisdom here?

[zona5101]

Isn't it amazing how one sour puss can spoil a perfectly good thing?
The pictures are yours to do with as you please. You don't need permission or a release for anything including publishing them on your facebook or in the newspaper. You would need permission if you were to sell the images to someone or started your own poster company or some such. Needing permission is one thing but as you say, some parents might not want to have their kids pics on the internet. Now days with the kooks and weirdoes that is understandable – so asking permission may be a neighborly way to make sure they don't mind - but you don't need permission. A contract would be good to make sure everyone is on the same page but you are not getting paid so one of the elements of a contract is missing - compensation - so really you would have an agreement and that agreement should state that you can walk away for the yearbook without notice or recourse - it should also spell out the images are your property. The school may decide that’s more than they want to do and I am sure your PTO pal will put up a major stink - so you drop the yearbook responsibilities. You can still take all the pictures you want at all the events you want and they are all yours.

[OsmosisStudios]

Originally Posted by NicoleScraps

So having read all of this.....what do you think? Do I OWN those photos? Can I do what I want with them? They were all taken on school property or on field trips. I was invited to be there for that purpose. Should I have them sign some sort of contract to protect me in some way? If so, what wording would you recommend? Or should I just let it go and not worry about it?

This is a somewhat gray area. The school board could be under the impression that, by "hiring" you as the yearbook person, they are "commissioning" you to do the photos. Unless you have a signed agreement to the contrary, those photos ARE YOURS. You can do whatever you'd like with them, including posting them to Facebook or other sites.

I would definitely have them sign an agreement of some sort, IF YOU DECIDE TO CONTINUE. And that's a big if. You have to make sure that the principal knows his position in this and your position in this.

If you do, your agreement just has to say something along the lines of the following:

The (insert name of school board) ("The Client") agrees that all images are property of (your name) ("The Photographer") and can be used for both the (yearbook project) ("The Project) as well as any personal or commercial uses The Photographer may have unrelated to The Client.

Signatures
Date

[BigVinnie]

Didn't we just have a thread about this same thing with a Church?

Bottom line is they are your photos to do with what you please. You should not sign any contract at all unless they are paying you as a staff member.

The principal needs to grow a set and stand up for the kids and not give in to a bully.

I have to give your husband props for not going up and bopping the principal in the shnoz.

[RichL]

Sorry to hear about your issues. I had something similair sour me on being such a nice guy. Last season I spent countless hours taking pictures of my son's Pop Warner team, created a DVD with music to give to each child as a gift at the end of season banquet, only to have a parent complian that there was not enough shots of his son in the DVD.

I think if you enjoy doing the yearbook, continue to do so, your children and those close to you will appreciate it more than you will ever know.

[NicoleScraps]

Originally Posted by BigVinnie

I have to give your husband props for not going up and bopping the principal in the shnoz.

Oh, he wanted to....really bad! But we didn't think that would solve anything.

Well, thanks everyone for the input here. I guess I have a lot to consider.

[candleman]

Originally Posted by NicoleScraps

But we didn't think that would solve anything.
.

it solves many problems, and it makes you feel good too.

only thing is it creates a whole new set of problems... probably worse than the original problem.

[thaoimage]

If I didn't sign the rights over to the school in the first place... the photos belong to me... not them... end of story...

[tasmo2]

I agree with what everyone has said here... and would like to add one thing: if you love doing it, then do it! Don't let that one woman make you quit and wish you had done it later! But I also would do so with a contract. And to add to what the earlier contract said, I would say something about using them only with permission of the legal guardian of said child. You said earlier that you would always ask if it was a child, but putting that in writing is bound to make them feel at ease signing anything.

[NgaiHill]

I have made a couple of assumptions after reading your story, firstly - you are a volunteer and are receiving no financial remuneration from the school for your time, secondly that it is YOUR camera and computer that you are using to produce the yearbook pages (less printing) without the school incurring any costs for the use thereof and that there was no formal agreement/contract made at the beginning of the contract regards the ownership of the images.
If these are indeed correct then I totally agree with what others have said above - you own the photos and can do with them what you please. Having two children going through the school system myself about the only thing I am wary of if putting photos in the public forum is that any child in the photo is not the issue of a custody dispute or such like, it always pays to check with the parent first although it sounds like you've already done this. The principal's question regarding whether you took the photos as the yearbook photographer or as a parent is an interesting one - as you say how do you separate those two? If they are not paying you to take the photos then ALL the photos were taken as a parent, simple as that.
Good on you for wanting to continue with the project again, to quit would be to let that cat neighbour win her petty little battle. Perhaps you could do a bit of research and find out how much it would cost to have that yearbook done professionally, show those figures to the school board and point out how lucky they are that you are doing it for free, maybe that'll make the principal back off. We all know that small community groups need all the volunteer help they can get, so don't let one small-minded troublemaker stop you from providing that help - as well as doing something you are clearly good at and enjoy.