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The Magic Cafe Forum Index » » The little darlings » » Using pictures without written permission. (0 Likes) Printer Friendly Version

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TrickyRicky
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TrickyRicky
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How about using pictures taken at your performance on your web or business cards?
Would you use pictures of children taken at your performance without permission?
Richard Lyn.
Dennis Michael
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One can use Stock pictures. One should get permission to use kid photos
Dennis Michael
Starrpower
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I used to work in television, and standard practice is that it's okay to use images of people that are taken at public places. So, if you have a show at a local fair, using the images is legal. If it's at a private event you were hired for, you probably should get permission.
Emazdad
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I often ask bookers to send me copies of pictures and tell them I'm always on the lookout for photo's I can use in my publicity stuff. If they send it then I've got their permission to use it.

However Political correctness has even stopped some parents being able to video or take photo's of their own kids at school events. if you were to take a camera along to a school show to capture some photo's you may not be allowed to use it unless you've got written permission from the parents of all the kids.
Yours Funfully
Clive "Emazdad" Hemsley
www.emazdad.com

"Magic is a secret, without the secret there is no magic"

Remember there are only 3 types of people in the world, those that can count and those that can't.
hugmagic
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Starrpower is absolutely correct. As a former newsphotographer, the general rule was if you are in a public place you are fair game. But we never identified the child as the son or daughter of so and so at a specific street address.

Private or for pay functions need to have release forms signed by anyone that is recognizable in the photo. Backs of heads of kids enjoying the show do not count.

Alas the times have changed. I remember the days of just taking a photo of a child walking to school or waiting for a school bus, but no kids are conditioned not to trust any stranger. I have even had to call the school to calm a parent after I took a photo and asked for child's name.
Richard E. Hughes, Hughes Magic Inc., 352 N. Prospect St., Ravenna, OH 44266 (330)296-4023
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Write direct as I will be turning off my PM's.
p.b.jones
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HI,
Set up part of your business as the Magic Times or something similar then you could report on your own shows and claim "Freedom of the press"
Phillip
Rupert Bair
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I was talking to a journalist the other day and I asked him why they are allowed to take pictures with out permission and it's because they pay lots of money for in an organization that allows them to do it.

Matt
Starrpower
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I have been around the block with this one with a school district's attorneys. They eventually determined that if it's a publicly open event, such as a sporting event that the general public can go to, pictures are okay. It's kind of like watching NFL football broadcasts and seeing people in the stands. They obviously haven't gotten signed releases from everyone in the stadium.

However, most of our shows at schools are NOT considered public.

I have always wondered about having a disclaimer on the ticket or at the door. We've all seen them, "This event may be videotaped or photographed. By entering this event you are acknowledging this and understand that your image may be used." How legal do you guys suppose that is? I believe they have something akin to this printed on most professional sports tickets.
Decomposed
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I know here no juvenile's face can be put on the news, they always fuzzy it out.
hugmagic
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The juvenille's face cannot be shown if he charged with a criminal charge only.
Richard E. Hughes, Hughes Magic Inc., 352 N. Prospect St., Ravenna, OH 44266 (330)296-4023
www.hughesmagic.com
email-hugmagic@raex.com
Write direct as I will be turning off my PM's.
Cheshire Cat
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We use pictures on our website taken of us with children who are now teenagers or even adult. Honestly, we have not altered all that much, so it's not like the old habit some in the business have of using pictures when they were in their prime to advertise themselves now.

I don't know the legality of this, but I personally would not use anything taken recently - and certainly not a frontal view of children, where some little girls may be sat crosslegged (you know what I mean). All childworkers have to accept the basic nature of children and the things you see them do. We must however never betray the trust shown to us on a daily basis by little ones. To show images of "kids just being kids" - especially on the wordwide web can be a betrayal.

Tony.
keeblem
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All the children pictured on my web site are from parties I've done from people I know - plus I ask if it's ok to use the pictures for my advertising.
Mark
Rupert Bair
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I was thinking would it be o.k to take pcitures from the back? and possibly using the b'day child and get the parents permission? I really want to use live photos.
Matt
Starrpower
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Actually (and Richard, please correct me if I'm wrong), in most cases where a juvenile is accused of a crime, or victims of crime, it's general accepted *policy* of television stations and networks not to show them. As far as I know, there's not a law in the U.S. that actually forbids the practice.

Case in point, they regularly showed the 13 year old "boyfriend" of Mary Kay Letourneau (sp?) on tv and in the rags long before he was of legal age.

But we digress. I think, in most cases, people won't object to seeing themselves having fun. Get permission, and if not, ask forgiveness. I've *never* had an objection ...
Brent Allan
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I found a great way around the legality of using children's pictures in my promo material. I use my own kids and those of family members!
Turn your business card into a relentless salesperson that brings you business!

http://www.TransformYourBusinesscard.com
hugmagic
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Starrpower..I'm not sure if it is a law or not. I know even if a juvenille is convcited of crime you are not allowed by law ( I believe) to print his name. It has been a few years since I have done this and things change so fast.

I remember when suddenly we had to stop listing the parent's address of children because of all the child snatching cases.

I use my grandson in some of my stuff. And I have a new granddaughter who will be there in a few years.
Richard E. Hughes, Hughes Magic Inc., 352 N. Prospect St., Ravenna, OH 44266 (330)296-4023
www.hughesmagic.com
email-hugmagic@raex.com
Write direct as I will be turning off my PM's.
Starrpower
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I don't believe that's true, Richard. I've just done a web search for child convictions (most end up being for murder!), and names are named, and courtroom pictures are shown.

Nevertheless, this is really a different topic. When it crime-related, I'll bet a different set of rules apply. But check the papers and nightly news -- people are *always* being shown enjoying a festival or walking in a mall, or whatever, and they are not signing releases to be in the paper or on TV. Last Christmas my daughter had a big picture in the paper petting a reindeer, and I never signed a release.
NJJ
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Quote:
On 2004-10-01 01:09, Emazdad wrote:

However Political correctness has even stopped some parents being able to video or take photo's of their own kids at school events.


I don't think that is political correctness....

The reasons schools don't allow videoing or photocopying is

a) Weirdos taking footage for their own nefiours purposes (I just spoke with a shopping centre who had a problem with a weird guy taking video of a kids show in the centre)

b) Many children (more then you would think) are in child custody disputes. I know of two occasions in Canberra where deadbeat dads found their kids and tried to run off with them due to newspaper articles.

c) Parents, for whatever reason, might not want their kids photo taken. Teachers should respect that right.
Starrpower
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Or, maybe it's the deadbeat dad who swiped his kid while on weekend custody that doesn't want the child being found due to a photograph.

I think it's just a matter of being respectful. I doubt a signed release is required, but if you want to do it that way, do so and you'll be absolutely *sure* you're okay. On the other hand, most parents will realize that someone's taking pictures and, if one asks that the pic not be used, simply honor their request.

I really don't think it's a big deal. I've been in teh biz for over 20 years, and I've never known anyone who was ever even questioned, let alone challenged, about a picture of a helper or audience member(s) used in promotion.
TrickyRicky
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TrickyRicky
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The word is, that England is about to pass a law on taking pictures without permission.
Is this true?
Richard Lyn
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