| There are several answers to this question, | | | | This would usually hold true also at a neighborhood |
| depending on whether you live in the USA, China or | | | | art show or photography exhibit. When in doubt, |
| Iraq. I choose to be facetious because many | | | | apply the Golden Rule and ask yourself, "does this |
| American photographers, in these times, seem to | | | | picture embarrass a friend or neighbor?" If it does, |
| forget that they still have First Amendment Rights. | | | | you might choose not to exhibit it. |
| There are enough discussions exhibiting confusion | | | | True, there are always extenuating circumstances, |
| about model releases in the Kracker Barrel Archives | | | | and different interpretations of the law in different |
| to fill several volumes. All of it, like all legal matters, is | | | | parts of the country. You'll often find burly security |
| open to interpretation. | | | | guards demanding that you not take pictures in their |
| My comments on the subject of model releases are | | | | shopping mall. Well, it so happens that's where you're |
| always directed to the use of your photos in editorial | | | | going to find excellent subject matter on the subject |
| situations. | | | | of community life. For a security guard to attempt to |
| The real test of this question about whether you | | | | take your film or camera or even hassle you |
| should be trying to get a release for photos of | | | | unnecessarily, calls for a phone call to the police on |
| children in public is the book, newspaper, or magazine | | | | your cell phone; the guard would be arrested for |
| publisher (the basic customers of editorial | | | | attempted theft of your camera. |
| photographers) who would be the target of a legal | | | | By the way, be sure to carry around a "Bust Card" in |
| case. A community art show or photo exhibit is not | | | | your camera bag. It's available in PDF form at It's a |
| unlike your local newspaper publishing a feature photo | | | | card you can carry with you and refer to on any |
| in its Home Life section, or on its website. And in my | | | | encounter with the police. |
| forty years of observing editorial stock photography | | | | But to be timid about photographing a child in public |
| it's very rare that a parent (or the child) doesn't | | | | because "you've heard stories that you could get in |
| enjoy seeing their child's picture in an exhibit or | | | | trouble, is to deprive the viewing public of your |
| published in a magazine or book. No attorney on a | | | | talents and the way you see the world. You have to |
| contingency basis would ever accept a case where | | | | ask yourself the question, "Is this picture worth it? |
| real invasion of privacy is of concern. | | | | There's a 1% chance that it'll result in great hassle for |
| Our USA First Amendment covers this issue. | | | | me, and a 99% chance that it'll belong in a retrospect |
| Frivolous lawsuits of this nature used to happen, it | | | | of my work." |
| seems, more often back in the 70's or 80's. You'd | | | | Editorial stock photography is not easy. If it were, |
| think it would happen more now-- what with all the | | | | everybody would be doing it. Here's a challenge for |
| sensitivity and fear that's prevalent in our society | | | | you (I give this challenge about every five years |
| these days. It may be that there are fewer | | | | because a new crop of photographers emerges who |
| instances -- that many stock photographers have | | | | have heard (usually by uninformed photography |
| become gun-shy. They believe that they will get | | | | instructors and photo columnists) that they shouldn't |
| some "grief" from parents if they photograph in | | | | be photographing children (or adults) in public because |
| public and then exhibit the photos at a show, but | | | | the photographer needs a model release for that |
| failed to get a model release. | | | | picture to be published. |
| What's the result if you, as a stock photographer, | | | | So here's the challenge. |
| photographing in the area of child development, | | | | If you can document a case for me where a |
| domestic violence, social issues, child abuse, child | | | | photographer was taken to court (whether they |
| safety, child welfare, etc. - if you don't capture | | | | won or lost), for publishing a picture (regular editorial |
| poignant scenes of what's happening in your | | | | usage) without getting a model release, I'll reward |
| community? | | | | you with a year's subscription to any of our services |
| What happens is, the other side wins. The pictures | | | | here at PhotoSource International. |
| are not published and the corporate or governmental | | | | Take note that I've said, "documented," and regular |
| interests who would wish you didn't expose their | | | | editorial usage (not sensitive misrepresentation). |
| blemishes are happy. | | | | Photographers, Internet gossips, and my fellow photo |
| Eugene Smith, Henri-Cartier Bresson, Margaret | | | | columnists continually perpetuate the myth about |
| Bourke-White, never walked around with a model | | | | model releases and all the trouble you can get into |
| release pad in their pocket. | | | | when taking pictures in public. But when asked for |
| I repeat again, it's the publisher not the photographer | | | | follow-up documentation, it's never forthcoming. |
| who gets in trouble if an irresponsible art director | | | | So there. Photograph in public freely. Exhibit your |
| uses a picture in an insensitive way in the magazine's | | | | work and sell your images in the spirit of "informing |
| layout, in a way that distorts or misrepresents the | | | | the public." No judge in a court of law is going to fault |
| original nature of the picture. In other word's, your | | | | you for that if you are sincerely interested in editorial |
| neighbor's child's picture is used in a story about | | | | photography. It's your right. Even more so, it's your |
| teenage gambling. Then a parent should rightfully take | | | | duty to protect that right, by challenging those who |
| that publisher to court, and win - if the implication | | | | would jeopardize it. |
| indeed is not true. | | | | |