Children's photos - parental consent

[saxy_jag]

I'd like some concrete, legal answers, please, and not just what people think ought to be. I'd probably agree with what ought to be, but I need this in sorta black and white, as it were.

Basically, I'm a member of a band (in the UK) and also on the committee, from where I run their website and edit their newsletter. We have a number of children in the band aged from around ten up to sixteen/eighteen. Like most groups, we like to take photos of the entire band and this is obviously going to include the kids from time to time. Since we sometimes use these photos in our publicity - leaflets, on the website and on a private Flickr URL, then the issue of parental consent raises its head.

We have, in the past, asked parents when their kids join to sign a form to say whether or not they give consent. However, as members have come and gone this has gone by the board. The occasional parent who does object tells us so and we act accordingly.

We'd like to get something a little more definitive in place, though. At the moment, we have a form on our newsletter that parents are asked to sign if they don't want their kids' photos being used, but one of the committee doesn't think this is enough. I'm inclined to agree.

Must we get a definite yes or no from parents by law? Or is the parental consent thing only a matter of courtesy and protecting ourselves from private action. And what about adults? If I have taken a photograph of an adult band member, I know that the copyright to the image belongs to me as the photographer. But has the subject any legal right to ask me not to publish it - assuming it's being used only for band purposes and not for anything illicit?

We're a good-natured lot and have hitherto dealt with such things civilly on all sides. But it only takes one newcomer to upset the apple cart and we're done for. We'd like to know, therefore, exactly where we stand in the eyes of the

[Ethel]

I hope this link works - it is guidance to a council about taking photos and using them in ways similar to your organisation:

www.n-somerset.gov.uk/NR/rdonlyres/A445F74A-CE8B-49C1-BD37.../0/document_PhotoImagesOfChildrenGuidelines.pdf

Although it isn't 'the law' in black and white it conforms to legal guidelines.

[Ethel]

Here's the html version:

http://66.102.9.104/search?q=cache:wlc18DtPydc J:www.n-somerset.gov.uk/NR/rdonlyres/A445F74A- CE8B-49C1-BD37-89C7AA2EB5C4/0/document_PhotoIm agesOfChildrenGuidelines.pdf+publishing+photos +of+children&hl=en&ct=clnk&cd=4&gl=uk&client=f irefox-a

[saxy_jag]

Thanks Ethel. I've bookmarked that and will study it later.

[cassa333]

This is interesting for me on two counts. 1 I am chair of a children's charity and 2. as has been said on this site before, as advice, that anything that can be viewed in public can be photographed in public.

What would happen if while doing a 'gig' someone takes a photograph or video of the band and put it on the internet? Who has copyright? who has given permission then?

[Skyline D]

"What would happen if while doing a 'gig' someone takes a photograph or video of the band and put it on the internet? Who has copyright? who has given permission then?"

I'm no lawyer, but unless we're talking about a free gig in open air that wouldn't meet the definition of "can be viewed in public" would it?

[Skyline D]

To add:

It's all about free public access. I happen to know a little about the law in relation to football grounds and copyright of images and video taken at a football match belongs to the home club and / or the league. People can and have been prosecuted for posting footage of football matches to 'You Tube' and the like and such sites will remove footage if they notice it or someone complains about it.

Of course, a band performance doesn't have the same media rights issues as league football footage potentially but I would think the principle is the same. If the gig took place in an enclosed area requiring paid access then copyright would remain with the band or the promoter. On the other hand if someone is playing their guitar and singing up the High Street 'free to air' then they can have no expectation of privacy and no complaint if someone films them doing it and broadcasts as they wish.

[cassa333]

Not all gigs are inside. Not all gigs that are ticketed are inside.

Anyway is there a difference between free and ticketed?

As there is membership and committees mentioned then I assume that this isn't a 'professional band' like the bay city rollers or something.

Trumpton brass band for example has a membership etc so do the members need permission for photos but the general public don't.......