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Publishing Photos Of Children

Started by DigiDiva, November 01, 2014, 02:09:21 PM

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DigiDiva

I took some beach photos of a young girl, aged maybe 9 or 10, practicing her gymnastics on the beach. Im not sure in law if I can share them with you as part of my 'beach people' project. Have tried looking up the laws on photographing children in Tenerife but had little joy. Anyone any ideas?

Theres nothing inappropriate (obviously) about the photos, and I did find this on Wiki, but Im still not sure. It suggests I can't take photos on anyone without their consent in Spain!

http://commons.wikimedia.org/wiki/Commons:Country_specific_consent_requirements

Would appreciate anyones thoughts/comments.

Please visit my website @ www.sunderlandwallart.com

Reinardina

In the UK, taking photographs in a public place is allowed. Even photos of identifiable people, and children. It is not allowed if those people are somewhere, where they can expect to be private, so you cannot climb a tree and poke a your most powerful lens into a bedroom window.

Taking a photograph of a person is not harassment. Harassment is when you follow someone, and keep taking photos. Paparazzi style.

You can use and even sell those photos if it is for an artistic purpose. You cannot use them commercially, to advertise something for instance.

If you type the following into Google, you'll find a wealth of information.

"UK Photographers Rights v2"

I know from Howard and Andy, that French law is different; in Holland you can also photograph people in public places, but I haven't got a clue about Spain.

Hope this helps.
__________________
Reinardina.

Beauty is bought by judgment of the eye.
Shakespeare. (Love's Labours Lost.)

ABERS

DD if you are doing a beach project you may find some tips here.

https://www.google.co.uk/search?q=martin+parr&newwindow=1&tbm=isch&imgil=q1rLV8NfDfmvqM%253A%253BB4i0N2pJ-VMhpM%253Bhttp%25253A%25252F%25252Ferickimphotography.com%25252Fblog%25252F2012%25252F03%25252F26%25252F10-things-martin-parr-can-teach-you-about-street-photography%25252F&source=iu&pf=m&fir=q1rLV8NfDfmvqM%253A%252CB4i0N2pJ-VMhpM%252C_&usg=__QuKTQCNf6Vm0RaSlV-bXo4EU9ec%3D&biw=1101&bih=639&ved=0CLUBEMo3&ei=kelVVK29O6jG7AazioG4CQ#facrc=_&imgdii=_&imgrc=q1rLV8NfDfmvqM%253A%3BB4i0N2pJ-VMhpM%3Bhttp%253A%252F%252Fi1192.photobucket.com%252Falbums%252Faa322%252Ferickimphotography%252Fparr2%252Fmartin-parr-couple-showering-copacabana-beach-2007.jpg%3Bhttp%253A%252F%252Ferickimphotography.com%252Fblog%252F2012%252F03%252F26%252F10-things-martin-parr-can-teach-you-about-street-photography%252F%3B639%3B429

Mr Parr is well known for self publication/promotion, a sort of photographic equivalent to that Cowell chap, and is held up to students as a prime example of what photography is all about. I noticed the other day that he is now chairman of the Magnum group which allowed him membership only after repeated rejections.

Every time I speak to a university student and discuss photography Parr's name comes up to the exclusion of other snappers like McCullin, Elliot Erwitt, HCB, Koudelka ad infinitum. The lecturers and tutors hold him in thrall for some reason. Perhaps it's because he makes great efforts to become involved in photography at that level of the art.

P.S. I'm not a fan. ::)

PPS Is there anyone out there that is?

DigiDiva

Thanks Abers, that was very interesting. Im still unsure about the laws though as I don't (understandably) want to get into trouble.

Some of his images appealed to me,some didn't. I like studying people on the beach. It was sparked by a (once and never again) trip to Benidorm and watching a very curvy lady undressing and  putting her sun cream on. I took some shots of her, none of her face as it wasn't necessary, and after that it has become an obesession on holiday. I haven't shared any yet but it's time they were dusted off and shown.
Please visit my website @ www.sunderlandwallart.com

Beaux Reflets

#4
If your own children were that age (or any age) and someone else photographed and published photographs of them without asking; Would you feel miffed, annoyed by the audacity and disrespect of permission not being sort?

Regardless of any Law, even if you do not care about whether pictures of yourself are posted on the Internet, surely you would respect that others may have their own opinion and feelings about such situation and apart from anything else asking permission (even post the shots taken) is a polite thing to do to say the very least.
:beer: Andy

"Light anchors things in place and gives perspective meaning."

The choices we make are rooted in reflection.

http://beauxreflets.blogspot.com/

Oldboy

If in doubt don't publish. Simple.  :-\

It's always better to get a model release form, in the case of children signed by their legal guardian.  :tup:

DigiDiva

Quote from: Reinardina on November 01, 2014, 04:52:16 PM
In the UK, taking photographs in a public place is allowed. Even photos of identifiable people, and children. It is not allowed if those people are somewhere, where they can expect to be private, so you cannot climb a tree and poke a your most powerful lens into a bedroom window.

Taking a photograph of a person is not harassment. Harassment is when you follow someone, and keep taking photos. Paparazzi style.

You can use and even sell those photos if it is for an artistic purpose. You cannot use them commercially, to advertise something for instance.

If you type the following into Google, you'll find a wealth of information.

"UK Photographers Rights v2"

I know from Howard and Andy, that French law is different; in Holland you can also photograph people in public places, but I haven't got a clue about Spain.

Hope this helps.

This was Spain you see, UK laws don't apply
Please visit my website @ www.sunderlandwallart.com

DigiDiva

The fact I raied this thread was because it didn't sit comfortably when I was looking at showing the image here. You are right. If in doubt, don't do it.
Please visit my website @ www.sunderlandwallart.com

Reinardina

If your Spanish is up to scratch, try Googling in that language.

I have found, that asking permission after taking a photo of a child, showing the picture, and offering to email it to them, usually has a positive result.
__________________
Reinardina.

Beauty is bought by judgment of the eye.
Shakespeare. (Love's Labours Lost.)

Beaux Reflets

While on this topic, a little further thought (without sight of your girl on the beach photographs) as very often folk on the beach are scantily dressed.

Given the nature of the "Internet Beast" and the apparent ease to steal and Photoshop images; I wonder where one would legally stand if 'altered images' adapted from those one uploaded subsequently appeared on a really nasty peado'site. The stress that that may cause to all concerned does not really bear thinking about.

:legit:
:beer: Andy

"Light anchors things in place and gives perspective meaning."

The choices we make are rooted in reflection.

http://beauxreflets.blogspot.com/

jinky

#10
Always follow the laws of the country in question. Never underestimate the power of the internet and people`s ability to find images. I`ve been tripped up twice by people not liking comments left on images of mine that were taking the mickey out of people photographed legally in a public place. On both occasions (once on flickr and once on youtube with untagged pictures I expected to disappear into the ether) the person affected by the mild comments made by viewers got in touch with me to make me aware they were not happy with the comments made by others. On each occasion I offered free full resolution copies of the pictures to them and said immediately I would take them down - though there was nothing that detrimental / inappropriate about the images or even the comments themselves with a sense of humour applied (about dancing styles and ears under the hat). As for the UK I`ve argued long and hard on the right to publish images of public space photos of whoever as long  but not for commercial gain - I always ask permission of bystanders etc when it is a paid shoot to include them, even when just sipping a coffee in the background but does spoil the moment. As for tracking them down for permission - mission impossible. The point of asking permissions is at the point of taking the photograph - certainly in Spain and the like I fear. I spent weeks trying to track down an Indian dancer, even having access to the group he performed for, to use the shot in a comp I won recently. No-one bothered replying . In the end as the comp stated they were happy with images taken of performers in public places such as this I submitted. Good job too - I won! See: http://www.oneworldleeds.org/bringing-the-world-to-leeds/

Reinardina

I once 'did' an 'Age Concern' town walk, and asked if everybody was happy to be photographed. One middle aged lady said she wasn't, 'as you heard such nasty things about the Internet.'

Doctored photos reappearing on nasty sites is a concern, but do people really bother to alter a small file, while there is already so much out there, 'readily' available?

What is very worrying at the moment, is children 'sexting.' Sending indecent selfies to all and sundry, even people they do not know. I still cannot see the need for children having smart phones. But that is a different subject altogether.

And now Martin Parr. I found this selection of his photos particularly 'off putting.' Maybe because there are so many that assault the eye at once. I have seen photos by him that I quite like, but on the whole, these images remind me of those, taken by a six year old with their first camera.

McCullin, Elliot Erwitt, HCB, and Koudelka's images have a subject, tell a story. Parr's seem to be randomly shot, sometimes as if he 'left the camera running' without knowing it. I know he is widely revered, and maybe I simply do not see the merit. Maybe I have to be taught about this particular style of photography, before I 'see the light.'

__________________
Reinardina.

Beauty is bought by judgment of the eye.
Shakespeare. (Love's Labours Lost.)

DigiDiva

I understand what you are saying Reinardina. Mine aren't intended to offend or embarras, they are more a study of beach life. Some may find them boring, others nothing special, but hopefully some people will enjoy seeing what I have captured of beach life. I will leave my little gymnast out of the project.
Please visit my website @ www.sunderlandwallart.com

ABERS

Quote from: Reinardina on November 02, 2014, 10:55:23 AM

Parr's seem to be randomly shot, sometimes as if he 'left the camera running' without knowing it. I know he is widely revered, and maybe I simply do not see the merit. Maybe I have to be taught about this particular style of photography, before I 'see the light.'

I well remember a TV series where Parr took a couple of photographers out for the day to show them how to take 'street' pictures. Strangely enough it was at a seaside resort and the method he recommended was walking along the promenade holding the camera high above your head at arms length and to keep pressing the button at regular intervals, whilst pointing in no direction in particular.

The images thus captured were then examined and a couple were deemed worthy of a second look and perhaps making a print of. I'm not too sure if Mr P does this all the time, but it sometimes looks as though he does.

So if you see someone walking/wandering about with his/her camera above their head he/she is a nailed on Martin Parr fan. 8)

DigiDiva

Maybe I will never suss out why some photographers 'make it'
Please visit my website @ www.sunderlandwallart.com

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