Misuse of children's photograph

OMU · Jul 5, 2009

I have the last years taken photos from several children. I would like to post some of them her in the forum. But I have hesitated to do so because of the discussion on the possibility that someone stealing childrens photography and uses them in other settings.

And Im also concerned about parents fear of misuse of their childrens photography.

Comments are welcome!

archphoto · Jul 5, 2009

I think you are right with your concern.
Talk to the parents about it and ask for a written permision to use these photographs for your intended use.
If you don't get that and the children are recognizable: don't use them otherwise you might face legal action taken against you.

There is a scare about misuse of children these day's and you have to be carefull.
And I know too that some of those children put photo's of themselves onto the internet that you and I would not even think of putting them there, but that is their responsibility.

Greetings,
Peter

Anscojohn · Jul 5, 2009

OMU,

Peter's comments speak to the proper caveats and I think your following them is good advice, IF you are dealing 100% with Norwegian parents.
My remarks following shall, perhaps, get me in trouble; and I preface my remark by stating that it is based upon an extreme prejudice on my part.
Properly signed releases notwithstanding, I would not trust any American parent to abide by them. Ours is an extremely litigeous popular culture; and people are prone to actions which bring might celebrity, even if no financial gain be at stake.

Cheryl Jacobs · Jul 5, 2009

I photograph kids almost exclusively. In all my years of shooting as an amateur and then a professional, I've only ever had two sets of parents who weren't fine with their children's portraits being displayed online. Of course, I assure them that I will not use any last names, and I rarely even use a first name.

I think the fear of people misusing the images is pointless. Ain't nothing you can do about it. You might as well not take a child out in public for fear someone will find him/her exciting.

As long as you've asked the parents' permission, you'll be fine.

- CJ

Ian Grant · Jul 5, 2009

Cheryl Jacobs said:
As long as you've asked the parents' permission, you'll be fine.
- CJ

Which rock have you been hiding under.

That's what should be the case, but reality is very different where the police are concerned if someone decides to report your work, they act first and let someone else decide later.

There have been numerous cases in the UK, US and elsewhere over the past few years where exhibitions have been closed, seized etc, photogrphers interrogated for having "Child porn" but when it come to charges, they are dropped or thrown out.

We have a sick society were 2/3 year old girls need to wear a bikini or full costume at the beach or swimming pool,

But then images we might make of young kid bare our names & identities, the child porn merchants are peddling far worse but we & the police don't know how or have the contacts to view it.

My own view is if you shoot kids every single negative or digital file must be accessible, if asked..

Ian

SuzanneR · Jul 5, 2009

Cheryl Jacobs said:
I photograph kids almost exclusively. In all my years of shooting as an amateur and then a professional, I've only ever had two sets of parents who weren't fine with their children's portraits being displayed online. Of course, I assure them that I will not use any last names, and I rarely even use a first name.

I think the fear of people misusing the images is pointless. Ain't nothing you can do about it. You might as well not take a child out in public for fear someone will find him/her exciting.

As long as you've asked the parents' permission, you'll be fine.

- CJ

What Cheryl said.

The fear mongering around children these days is ridiculous. It's making for crazy parents worried about the boogyman where none (or very few) actually exist. Most crimes internet or otherwise committed against children are perpetrated by people in or known to the family. Stranger danger is very rare. A few pictures on an internet photography site for comment does not pose nearly the danger as, say, driving without your seatbelt for a child. But that sliver of danger is forcing many to raise children in such sequestered and protective ways that when they grow up... well, they won't know how to recognize a threatening situation if it slapped them across the face.

Lighten up... ask the parents permission. Don't use their names, and other than some possibly helpful comments about your picture making nothing will come of it.

jd callow · Jul 5, 2009

What the women said

AutumnJazz · Jul 5, 2009

I don't know about Norway, but in the US you can do almost whatever you want with your photos, unless the subjects had an expectation of privacy (but in those cases it is still very grey), or you use a photo to make it look like someone is doing cocaine (when they're not), or if you use the photo in advertising without a model release.

It is much more tactful to ask permission though, even if you don't need to.

resummerfield · Jul 5, 2009

jd callow said:
What the women said

I also agree with Cheryl Jacobs and SuzanneR.

nsouto · Jul 5, 2009

Ditto in agreement.

Having said that, I do indeed ask parents if I can use the photos when their children are recognisable in one of my images, and I show them the image first. Have yet to get a rejection. I consider that just plain simple educated behaviour.

Sirius Glass · Jul 5, 2009

resummerfield said:
I also agree with Cheryl Jacobs and SuzanneR.

Ditto

Steve

Domenico Foschi · Jul 6, 2009

SuzanneR said:
What Cheryl said.

The fear mongering around children these days is ridiculous. It's making for crazy parents worried about the boogyman where none (or very few) actually exist. Most crimes internet or otherwise committed against children are perpetrated by people in or known to the family. Stranger danger is very rare. A few pictures on an internet photography site for comment does not pose nearly the danger as, say, driving without your seatbelt for a child. But that sliver of danger is forcing many to raise children in such sequestered and protective ways that when they grow up... well, they won't know how to recognize a threatening situation if it slapped them across the face.

Lighten up... ask the parents permission. Don't use their names, and other than some possibly helpful comments about your picture making nothing will come of it.

I am in full agreement.
Most of the times is the photographer censoring himself fearing of parents reactions though.
The fear mongering, as Suzanne calls it, has reached a point where the "It takes a village" approach has become impossible. Now everybody minds their own business even more than before for fear of being labeled child molesters. And men are even more a target of this stigma. As if child molester were only males. Then, the fact that people learn about Child molestation from Fox News is another matter.....
Does anybody have some Rodinal to sell?

OMU · Jul 6, 2009

Hi to all of you and thanks for your comments.

I agree with all of you that comments on the stupidity of fear that posting photos on the net. I’ll ask the parents for permit ion and start posting for your comments.

hugopoon · Jul 10, 2009

I know I'm a bit late to this post, but I think resistance is futile in a real life situation - photogs who ask are only being polite, but if they really want to use the image, they will, and there's really not much you can do once the image is online (if you think about it, someone's bound to download it or it will be cached)

Raising children to be so paranoid is ridiculous, IMO there's better things to teach children about (the difference between a big, beaten up SLR and a gun )

Roger Krueger · Jul 13, 2009

It depends a lot on the circumstances--if it's people you know, where you got to shoot the kids because you know them, absolutely get permission. If it's street shots of strangers I don't see the moral imperative, but EU law is a lot different than the U.S. law I live under.

If you're worried let the shots age for a while. People get a lot less hysterical about who they (or their kids) were than who they still are. No one worries about their kid getting molested at college based on a pic of her when she was 8.

2F/2F · Jul 13, 2009

Any pic you post on the Internet can be misused. The fact that a kid is the subject changes nothing, unless the material you post is actually illegal. If you shot on private property, just make sure that publication is allowed in the agreement you made with the guardians.

Misuse of children's photograph

OMU

archphoto

Anscojohn

Cheryl Jacobs

Ian Grant

SuzanneR

Moderator

jd callow

Moderator

AutumnJazz

resummerfield

nsouto

Sirius Glass

Domenico Foschi

OMU

hugopoon

Roger Krueger

2F/2F

Misuse of children's photograph

Moderator

Moderator

Privacy & Transparency

Privacy & Transparency