photographs of children

[Curtis Cunningham]

Yesterday I had a family come through my studio to get passport photos for their 5 year old daughter. After the photos were finished, she (the photo subject) was playing around with her younger sister. There was a cute pose struck and I thankfully had my camera still in my hands and I managed to grab a pretty nice shot.

So while I'm processing the passport photos, the two young girls go upstairs to play with my 5-year-old son.

After I finish processing the passport photos, I print out 2 small (~3 sq. in.) images just on regular printer paper of the photo I took earlier of the two girls. I give each of the girls a copy. I felt I needed to do it as a token of my appreciation for them playing so nicely with my son. Their father then asks if I would be able to email him a copy of the photo so he can use on his computer desktop.

Not knowing exactly what to say, I asked him to give me his email address and I would have to think about what (if anything) I could do.

So my question is, in a situation like this, where the parents didn't ask for me to take a photo of their 2 girls, but I did anyways, should I be able to say to the father, something like, "here's a small version of the photo which I'm allowing you to use on your computer desktop only, and if you want reprints etc. here's the prices?"

Do any privacy issues come into play?

What would your recommendations be? What would you do in a situation like this?

[DierkHaasis]

I would send him a JPEG for his desktop, probably ask him beforehand what screen resolution he is using. On second thought, I might go with a BMP, since that is the format Windows uses. If he wants to print these he deserves teh result [either because of the bad quality or because he knows a bit to get that pronted sensibly].

Of course I'd also tell him, in a friendly non-soliciting way, that he can gladly get bigger prints at a special price. For his living room or the grandparents.

I'd see that as a token of appreciation because at the same time I'd let him sign a model release.

[Curtis Cunningham]

Originally Posted by DierkHaasis

I'd see that as a token of appreciation because at the same time I'd let him sign a model release.

So you're saying that if he takes me up on my offer to sell him additional prints, that he should sign a model release form for his daughter? Is the MR only involved because there's a sale?

[DierkHaasis]

No, the model release is always important, especially with children. It is just a matter of marketing. IME everybody loves to get something but hates to give. Since, in this case, the father asked for a nicety - which I'd give anyway - it makes sense to use this hook to nicely ask for an MR. There will still be some explanation needed, i.e. what you think of doing with the image, not selling it for advertising, whatever. But he may be more inclined to sign if at the same time he gets something.

What it comes to is not a plain sales pitch with the facts laid out. We are talking about implicit tit-for-tat, about being nice, friendly, giving to satisfy the customer without losing out. It is harder to describe than to do, just think of how you want to be treated when you go shopping for goods and services.

[PB&J photography]

You only need a model release if you plan to sell the photographs. You had permission and they knew you were photographing. Email him the photographs and take it as a compliment. But move in and sell this guy. Put your logo and website on the pics you email him so everytime it's on his desktop your business pops in his face.

[Richard_Coyle]

Unfortunately, I do not agree with the immediately preceeding posting regarding permission, unless the release they signed for the passport photos, assuming they did sign one at all, explicitly provided for any and all images of the family. This isn't likely, based on your response to Dierk's postings, which I agree is the method of approach. In today's litigious societies, it's critical to protect yourself in these circumstances of potential invasion of privacy, particularly regarding children. For the small renumeration you may receive for any future transactions resulting from this engagement (or frankly any other), it's not worth the risk to approach it any other way. Play it safe, be up front in requesting a model release and it will work out well for all parties. For further reading on privacy issues and photographer's rights, here are some relevant links:

Photographers' Guide to Privacy

Bert P. Krages Attorney at Law Photographer's Rights Page

USATODAY.com - New digital camera? Know how, where you can use it

[PB&J photography]

You don't have to agree. It's just the truth and the law, that a model release is not a requirement. Think of street photography. They're not obtained if you take a photo of persons on the street. However, if you sell those photos, typically for stock, yes a model release then becomes a requirement. It's a good practice to have them, however not required.

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