A preschool contacted me in the fall to shoot group and individual shots of their kiddos. They wanted them outdoors, relaxed, a different kind of school photo. In all I photographed about 150+ kids. The school was very happy and I had several referrals.

Now the tricky part. The school asked for a CD of the group shots as well of all the individual shots for yearbooks, which I provided. The school then contacted me saying that they have a mom who sells Heritage books and she is going to put the photos into books and sell them to the parents, and they want my permission to do so.

I happen to know the parent form a business group and she has in prior events brought Heritage books of pictures she has taken of her daughters class. She uses the examples at craft shows, flea markets, home parties, etc. Wherever she peddles her product. I don't have any children in this school, but if I was a parent, I wouldn't want anyone distributing a book that has my child's name, class and location to any random event.

What should I do??? The school is looking for permission to have her make these books, and I'm not sure what liability I have if there is an angry parent out there that feels their child safety is in violation. I don't have any photo releases for these kids. Has anyone encountered something like this?? Any suggestions??

Thanks
Jamie

http://www.burnettphotography.com/

I wouldn't do it. I don't know much about Heritage books, but if anyone is going to make money off of school photos, it should be you and/or the school.

Do you have model releases from each and every child? If not, that could be an easy out in your reply to the school.

Let us know what happens!

Thanks for your reply.

No model releases for the students. I used standard school type package order forms, not a typical portrait contract with a release.

How do other photogs go about producing yearbooks in conjunction with the school??

Yeah, I wouldn't be happy about someone making money off the photos I took without getting anything in return. You might contact her directly and work out something where you make a profit off each book sold and she should also get permission from the parents beforehand. Like maybe a brochure/order form sent home with each child explaining the books and with an attached permission slip to include their photo? Just a thought. This is a tough call. Good luck!

My thoughts exactly.

First let me say that it never ceases to amaze me what people will ask and who they ask!

This woman should have approached you, not the school about using the photos. And on top of that, I would be furious if my child's picture and information were published without my permission.

I would ask the school to have her contact you directly. You don't need the school getting in the middle of that. And then I agree that you can use not having model releases as an excuse if you need one to say NO.

That said I understand what she thinks she's trying to offer and while it's a good idea, she's wanting to use your work for her profit. I think not!

First off, I can say as a mom going through this with my son's school right now (with another photographer) and with my own legal background - professionally shooting without getting releases from the parents beforehand is a huge no-no!

The company that came to my son's school took pictures of each child without first obtaining releases from all parents. They obtained some releases, but not from everyone. Now, there is a group of parents who have started a suit against both the school and the photography company - I have yet to join, but it may head there. The pictures of my son were taken without my permission, and have since been used in the photography company's marketing, website, and I've even seen his face around town on fliers. They claim this is their work product and that it is their right. This is NOT OKAY with me and it is NOT their right. No one has the right to go onto my son's school (private property), take pictures of him without my permission and then use them for their professional use w/o my approval. I send my son to private school for one purpose (education) and the school has a duty to make sure that his (and my) rights are protected while he is there. The photography company and school have violated these rights.

Shooting at a school without first obtaining a release from the parents is a liability that you shouldn't undertake. Further, agreeing to have your pictures (of minor models who you don't have authorization for) to be used by a totally separate third-party (your Heritage books lady) is a legal battle in the making and you are exposing yourself to potential problems. I say this to help you, not insult you. For future endeavors, DON'T take pictures at a school of children unless you have everyone's authorization in writing! End of story. Save yourself the trouble.

Legal rights involving minors, schools, and school responsibility are delicate and i can tell you from on-going first-hand experience, that it is not worth your headaches. Get releases!! Always get releases!!! Don't give out permission to third-parties without authorization.

(Have I mentioned - get releases!?!)

Thanks for the info on your current lawsuit. I would be peeved if my kiddos face was around town as well.

In my case, The parents had a choice to have their child photographed. Either they filled out the order form and bought pictures or they didn't. If the child didn't have an order form, they didn't get their photo taken. So they knew the school had hired me to come and take pictures weeks in advance and they had a choice. Now... As far as releases, I didn't get any, shame on me.... But I never planned on ever using these pics for any ads, website anything, and still don't. Their order was printed, delivered, end of story.

Now - I responded to the mom directly, told her no go on the books, didn't have releases, confidentiality issue, etc. She just responded and said the school required photo releases at the beginning of the year, she could just exclude those kids who didn't sign releases! Arrrggghhhh she does not give up!

Wow you're right, she isn't giving up. I would respond to her by asking where the money from the books is going. Tell her you aren't comfortable with her making money off of your creativity and hard work. Maybe suggest splitting the money with you or putting the money from the sale of the books into the school as a fundraiser.

The school requires photo releases, but you are not the school, you are a third party. you most likely do not even fall under that umbrella, so you can tell the lady that for your own legal protection, you can not release the photos for her use.

For example, the students at our school sign a permission slip and hold harmless form to ride the bus to extra-curricular activities (such as cross-country meets, debate tournaments). However, if a parent is driving their own vehicle to the event, and a friend of their child wants to ride along in their vehicle instead of the bus, that parent is not necessarily protected under the permission slip for any incident that occurs, the parent is a third party. Same thing, you are not the school, and unless you give the copy write to the school, and the school chooses to hand them over to this lady, you are liable for any action such as in Tana's case.