What Not To Do !

[Carl in Louisiana]

Just saw this about what a photographer did because he did not have a signed consent form. Stirred quiet a ruckus and ended up giving out free photo's.
http://news.yahoo.com/blogs/upshot/c...023307967.html

[Designer]

Taking "advice" from the PTA was his first mistake. I wonder why he didn't simply "blur" the faces? Need only a little, and it likely would have minimized the ruckus.

[Donald]

Another option on group situations like this (a lot of sports clubs follow this route) is to notify parents and include an opt out clause in the membership paperwork. When the child joins the club, the child and the parents are informed that photographs of the child engaging in the normal activities of the club, may be taken. The parent is asked to sign a global consent or a declaration withholding consent and that then applies for the term of the membership; e.g. 1 year, 2 years etc.

The main challenge is balancing the need to protect children from exploitation or abuse and allowing them to play a full part in celebrating and enjoying their participation and successes in club activities. Because, let's face it, kids who are not allowed to have their picture taken along with the other folks in the class/group often don't understand it and are unhappy about it. Parents need to consider all the circumstances before they jump to withholding consent on, often, the basis of media hype and exaggerated rumours. (And remember, my day job is in child protection).

[arith]

If you don't want to appear in a photo; don't go out. It is simply not possible to not appear in a photo. Crikey

[Shadowman]

The irony of this story is that most of the kids are going to mar their copy with comments or drawings on the photograph anyway.

[Carl in Louisiana]

I wonder had they not done anything and just let the picture rock, the one kid was no longer there, if anyone would have noticed and said anything. Then the problem would not have gone public becuase it would not have been a problem. Lets say if the parents saw it and said something "What if anything could they have done?

[Shadowman]

I think in the photographer should have received full payment and not be obligated to provide any restitution or additional services. The elements of a contract in U.S. law are:

1. An offer. To take class photograph.
2. An acceptance in strict compliance with the terms of the offer. He did the job and they provided the setup and access to the children.
3. Legal purpose/objective. School portrait. This is a grey area-who was responsible for getting the consent forms?
4. Mutuality of Obligation. Decisions in the execution of the contract are established.
5. Consideration. Dollar amount.
6. Component Parties. This is another grey area in this case. Who did what after they found out they didn't have all consent forms?

[Designer]

Carl wrote: " Lets say if the parents saw it and said something "What if anything could they have done? "

You might be surprised to find out. Perhaps nothing in LA, but in CA they would become wealthy at the expense of the photog.

[Shadowman]

Carl wrote: " Lets say if the parents saw it and said something "What if anything could they have done? "

You might be surprised to find out. Perhaps nothing in LA, but in CA they would become wealthy at the expense of the photog.

Actually, unless it was the photographers duty to obtain the consent forms I think the school should be the defendants if it did come to a lawsuit. I'm pretty sure the school didn't give the photographer access to school records so he contact the parents.

[Colin Southern]

The world has gone mad.

1. Who in their right mind would put a smilie face on on photo?



2. Why the heck should a release be needed for a school photo! I'm not saying that it isn't -- just questioning why it should be needed ... never had them in my days at school.

In a common sense world ...

(a) One wouldn't need a release for a school photo

(b) If one was signed and 2 kids were missed then just publish the darn photo anyway (see (a) above!)

(c) Never, EVER, put a smilie over a face for a serious photo!

[Carl in Louisiana]

The world has gone mad.

Exactly why everyone has to be so CAREFUL now a days. Life use to be simple! And if you messed up some how we didn't have the internet to spread it all over the world.

[Colin Southern]

[QUOTE=Carl in Louisiana;202403]

The world has gone mad.

Exactly why everyone has to be so CAREFUL now a days. Life use to be simple! And if you messed up some how we didn't have the internet to spread it all over the world.

In an ironic twist ... the couple in my photo above would be fine with the image being online (even though there's - shock/horror - no release signed) ... but I'll probably get sued by the creator of the smilies for using them without permission!

[hoffstriker]

Welcome to the world of education in the United States. Things such as this are the reason I plan to leave the school district I am working for. I've made it 18 months and have found that everything in this simple little govt. bureaucracy operates at about the same level. Nonsensical...