Legal Question in Civil Rights Law in Michigan

Photographing children

I am a Children's Pastor, often during the course of worship services some of our teachers will take pictures of children during the class while doing activities. These pictures are then sometimes used on buliteen boards or in literature to promote various events. What legal obligation do we have to photograph children in this worship setting. Does this constitue a ''Public Setting''. By using these pictures to promote activites does that constitute ''comerical use'' although we are a non-profit organization. Any help and clarification to the ''Legal'' aspect would be appreciated.


Asked on 10/12/04, 1:10 pm

1 Answer from Attorneys
Dr. Michael A. S. Guth Tennessee Attorney at Law Assists Pro Se (without a lawyer) Parties

Re: Photographing children

You have no legal obligation to film children at all. Your tax free status as a nonprofit religious organization is governed by Section 501(c) of the IRS Code. The Internal Revenue code then prohibits non-profit companies from engaging in certain for-profit activities. However, lending pictures of your nonprofit youth activities as part of a larger community celebration organized for profit would not contravene the rules. Non-profit agengies can take part in for-profit parades and as celebrations as long as they do not organize and control the profit aspects of the function. I can only speak to the federal tax questions that you raise, but I don't know whether you state might for some reason limit the location where you can film minors, i.e., only in public gatherings.

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Answered on 10/12/04, 10:11 pm


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