Legal Question in Telecomm Law in California

Publishing photos of youth

I write articles and take pictures for a paid advertisement newsletter in a weekly paper, and I sometimes take pictures of youth participating in an activity or have the nonprofit supply me pictures of the youth for the publication or website. Do I need to have a photo release signed on file for youth privacy protection or because I am am under the guise of a ''news publication'' that I can publish the photos/names.


Asked on 2/09/09, 7:06 pm

1 Answer from Attorneys

Gordon Firemark Law Offices of Gordon P. Firemark

Re: Publishing photos of youth

Much depends on the specific facts of each photo...

I'd say it's a good idea to have releases in all instances, as the easiest and cheapest insurance.... but, if taken in a public place, you probably don't NEED releases. STill it's probably NOT a good idea to include too much identifying information about the subjects of the photos. First name is probably OK, but don't include other details, such as school, scout troop, etc.

If the photos were taken anywhere there MIGHT be deemed to be some expectation of privacy, you MUST have a signed release, authorization from the parents, etc.

Note also that a minor doesn't have the capacity to make a contract, and in some states, the parent doesn't have the right to contract on the kid's behalf.

Best advice, do everything you can to obtain permission. If you must rely on the "news publication" defense, make sure the photos were taken in public, not in private places, school, etc.

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Answered on 2/09/09, 9:10 pm


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