Publishing photos on the web

[AnonymousKiwi1]

I've just been asked to remove some photos from my web site, by the parent of one of the children in the photo.
The parent also felt the need to point out to me that as it is a public web site I should have asked permission. Now I know that this is not correct, and that as long as the image is not being used to endorse a product I'm in the clear.
I was invited to the event in question by the organisers. Not paid, but neither was anyone else. The whole thing was volunteer run, a fund raiser for the local Cubs and Scouts group. It was a ticketed function, but hardly private. The pictures in question are not unflattering, in fact they're rather sweet.

I've done as requested. This is a small community and I don't want to alienate my potential clients. In my reply I clarified my legal rights, politely but just to clue them in on the facts.

How would you folks have handled this situation?

[RichardTaylor]

I would have done the same as you.

[DanielLane]

thats why I always carry a stack of release forms in my backpack. I get everyone to sign them, then there can never be an issue.

[jamesev]

Ditto plus I think I might have tactfully summarised photogs rights from a legal perspective ie that in a public place people are fair game, however in a co-operative perspective that you are happy to comply with her request.

[AnonymousKiwi1]

Originally Posted by DanielLane

thats why I always carry a stack of release forms in my backpack. I get everyone to sign them, then there can never be an issue.

This would work in certain situations. But can it be possible when the people you're photographing are hundreds (yes, several hundred) of dancers whirling around in an auditorium?

[AnonymousKiwi1]

Originally Posted by jamesev

Ditto plus I think I might have tactfully summarised photogs rights from a legal perspective ie that in a public place people are fair game, however in a co-operative perspective that you are happy to comply with her request.

I was so taken aback that I just complied and flicked of a quick email reply. I think if the issue comes up again I'll hunt out the relevant link. Thanks.

[BigFuzzy]

Originally Posted by AnonymousKiwi1

I was so taken aback that I just complied and flicked of a quick email reply. I think if the issue comes up again I'll hunt out the relevant link. Thanks.

In the end, I'd have probably done the same, just next time, don't knee-jerk react so quickly. Take your time, and compose a well thought out email and back it up with links, etc. It'll also reflect on your professionalism well when done so.

Now it seems you quickly reacted to their request almost to the point of admission you did something wrong. If this comes up again, make sure if you do remove the images it's because you're being kind, not because you're reacting out of fear.

Still, no harm.

[SwissJon]

This is a minor we're talking about right?

My feeling is that whilst the law may well be on your side, in relation to children, I will always do as requested by the parents. In a similar situation with an adult, tough, the law says I can, so I will.. (Or maybe just tell them that I can, but take it down for the sake of good neighbours in a small community)

However, when it comes to children, I think you have to understand that most parents are over protective, and will think the worse, especially when it comes to displaying pictures of their little brats on the interweb. It may well be that you have the full weight of the law on your side, and the picture may well be a stunning representation of your work, but the bad publicity that arises from it will undoubtably outweigh any good publicity you get from the nice photo..

I'm not even sure I'd have informed that person of your rights, unless they started quoting the law at you, in which case I'd just have corrected their inaccuracies.

Some things aren't worth the hassle.

[andyw]

Ah yes, the old "think of the children" argument. Used extensively in the UK for anything and everything there is where kids are involved.

The parent was wrong in the "you should ask for permission". Unless you were commissioned then you are the copyright holder and as such have the right to display the images publicly. Subject to the normal defamation/libel rules.

In a small community then I would have done the same as you and taken them down AFTER sending an e-mail setting out your rights as copyright holder.

This is quite a good document regarding NZ copyright and privacy stuff http://www.nzipp.org.nz/NzippWeb/Lin...w%3D&tabid=153

[andyw]

Originally Posted by SwissJon

This is a minor we're talking about right?

My feeling is that whilst the law may well be on your side, in relation to children, I will always do as requested by the parents. In a similar situation with an adult, tough, the law says I can, so I will.. (Or maybe just tell them that I can, but take it down for the sake of good neighbours in a small community)

However, when it comes to children, I think you have to understand that most parents are over protective, and will think the worse, especially when it comes to displaying pictures of their little brats on the interweb. It may well be that you have the full weight of the law on your side, and the picture may well be a stunning representation of your work, but the bad publicity that arises from it will undoubtably outweigh any good publicity you get from the nice photo..

I'm not even sure I'd have informed that person of your rights, unless they started quoting the law at you, in which case I'd just have corrected their inaccuracies.

Some things aren't worth the hassle.

Whilst I understand what you are saying about parents being (over)protective of their kids, I don't understand why you would effectively say "tough" if it was a picture of an adult and yet take down pics of kids. When do you class a person as adult (or not a child) 13,15, 16, 18, 21?
The law (in most countries) is no different regarding adults and kids so why be different in your dealings with the pictures?

If someone asks politely and reasonably then I will normally remove pictures of either adults or kids.
But if someone starts shouting the odds or misquoting the law then they will get chapter and verse on my rights and they stay up.

I am not in the portrait business so it is unlikely to affect my business if the parents start shouting about it, maybe my judgement would be different if I was.

It does make me laugh when some mother hen starts shouting about how the pic of their little darling playing on the swings should not be on the web and yet is more than willing to stick pictures of them all over flickr, facecrap etc. and enter them in every online "beautiful baby" contest there is with no thought for anything.

In the UK at least, it is because of ignorance and idiocy that even parents can't take pictures of little Johnny and Jane in their school play or sports day or many other things these days.

I am just glad that I am highly unlikely to have kids or I could see my life being a permament argument with councils, kids clubs and schools.