# Whose permission to get when publishing pictures of minors who are now adults (book)



## mrliberalmedia (Feb 28, 2011)

Hey all,

I just had a quick legal question.  I'm working on a book, and I have some pictures of kids that I want to put in it.  These pictures were taken years ago, and the subjects are now over 18.  Seems like a no-brainer, but I just want to make sure because I couldn't find any information in my search - whose permission should I get, the subjects or their parents?  The subjects, right?


----------



## CCericola (Feb 28, 2011)

If they are now over 18 then I would think you would have to ask the subject for permission. But to be safe you should be asking a lawyer, not a forum.


----------



## bigtwinky (Feb 28, 2011)

I think the best person to answer this legal question is a lawyer.

Specially if you are thinking of putting out a book, then the legal issues are amplified 100x than the typical person here who is just worried about images on their flickr.

I am not sure if the law applies at the time the image was taken or now.  Might be a crude example (it's the only one I can think of with age), but if you had sex with a 13 year old and it only became an issue and brought up when they were 22 and they are fine with it when they are 22, were you not still breaking the law back then?  I think so.  But then, you are publishing now, not then... ah hell, again, just call a lawyer.


----------



## bigtwinky (Feb 28, 2011)

If ever this is brought up in court, "I was told on The Photo Forum that it was ok" will not hold up


----------



## mrliberalmedia (Feb 28, 2011)

Lol, ok I guess that's what I'll have to do.  Thanks for the help!


----------



## KmH (Feb 28, 2011)

Permission (model release) is usually not needed for an editorial use, regardless the age of people in a photograph.
Permisson (model release) is only required for a commercial use. That is commercial use in a legal sense, because making money from selling a product is not always considered commercial.  

Model release law varies by state.

As intimated, an online photography forum is an unreliable place to solicit legal advice.

Bigtwinky's example of having sex with someone underage does not apply.


----------



## skieur (Feb 28, 2011)

If the photographs of kids were taken in a public place, then it is likely in most areas: states, provinces, etc. that you do not need permission or a model release to put them in a book. Permission is ONLY needed for ADVERTISING purposes.

On the other hand, it would be wise NOT to identify the kids or the location too specifically, for safety/privacy reasons.

skieur


----------



## vinith98 (Apr 3, 2011)

If you are selling the book then I think you will need to ask the permission of people involved in the picture. If it was in some public place then I don't think any permission is require. However to be on the safer side please seek legal opinion.


----------



## KmH (Apr 3, 2011)

Here is a resource worth looking at:

Model Release Primer

To many photographers rely on urban legend, often incorrect information, or just plain old uninformed opinion bandied about on the Internet rather than seeking out definitive, accurate sources they can rely on.


----------

