Legal Question in Business Law in California

Are photographers allowed to take pictures of groups of children in public (such as at a soccer game or birthday party in a park) and then publish them on a password-protected website page to sell to only the parents of the children who were photographed (without the explicit consent of each, or any, parent)? What about photographs of individual children?


Asked on 5/28/15, 4:16 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Offhand I don't see anything wrong with it. Photographers don't need permission to take someone's picture in a public place. There are some limits on how they could use the photos commercially, but what you describe doesn't seem close to those limits.

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Answered on 5/29/15, 4:51 pm
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

People get uncomfortable anytime children are photographed. However, as for the law, anyone can be take photographs in public. Now on a "non-legal" level, don't expect every parent to be happy with you taking photographs of their children without their consent. It is simply because they don't know the law, what your intentions are, and everybody is protective of their children.

If you are not taking the photos for nefarious reasons, I don't think you are breaking the law.

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Answered on 5/29/15, 10:43 pm


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