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Speak Up! - View Question #170 |
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Question: Is it legal for people to take pictures of my son without my consent?
Answer: Generally speaking, no.
There are certain times when people absolutely can not take pictures of other people without their consent. The most common instance would be when the pictures are going to be used for any commercial purpose. A commercial purpose could be any activity in which the photograph (or film/video) is being used by someone to make money. Examples are the filming of sporting events, concerts, location shoots at the local mall by a television crew, or any other activity in which someone is pointing a camera at people randomly. This is why you often see signs in public places that have warnings like the following: 'by entering this area, you agree to be photographed or filmed.' Without your 'agreement', your image can't be used by the photographer.
Another related situation in which someone might be photographed would be where there are in a private place, for example in your back-yard with the photo being taken over a fence. This commonly happens with celebrities who are being photographed from helicopters, trees, or boats. As with the commercial use example above, this also is not legal, but the subject of the photo might be able to sue for 'invasion of privacy' for such an intrusion.
To give consent to be photographed, a very basic paper form is normally carried by professional photographers that gives consent for the photo or video to be used however the producer sees fit. If the subject (such as your son) is a minor, then only the minor's legal guardian, can give permission for them to be photographed.
With all of that said, there could situations in which consent is somehow implied, which means you may give consent by entering into a relationship with the photographer. If your son were in some kind of school activity or other paid activity (like a camp of some kind), the business might have implied consent to photograph the participants for their records, promotional activities or even security purposes. These 'uses' of the photographs aren't usually considered commercial and may be considered necessary for the operation of the business.
In most cases, it is best to ask, 'why am I (or is my child) being photographed?' and go from there. If the answer is that someone is taking pictures to use to make money, then they probably need to have consent. If the use is for some other purpose, then they may not need it.
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On 06/18/08
kellee from WA said:
My 19 year old daughter was taking cosmotology classes at a local community college. The teacher took pictures of her without her knowing and is using them against her. The teacher says they prove that my daughter was not doing her work. My daughter has not been allowed to see the pictures. She has just been threatened with them. Is this o.k? Some feedback would be greatly appreciated.
Kellee
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On 02/18/04
yvette from IN said:
Many years ago, my mother-in-law filed for a divorce from her husband who has now been deceased for some time. His wife is holding onto pictures that belong to my mother in law, which she would like back very much. They are pictures of her deceased son and her other children. I was told that she was not too keen about knowing that her husband had had other children by the first wife, my mother in law. In any case, I am trying to find out does my mother in law have a legal right to ask for, to pursue those pictures which rightfully belong to her? I would like to write her a very polite letter
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On 12/16/03
Jeff from IN said:
Well I think that anyone in a public place is open for anyone to take a picture. Now obviously you can't use the picture for commercial puposses. However when you are in public you are fair game in most situations. That is how all of the celeberties get there pictures everywhere, because they were in a public place, and someone took a picture.
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On 09/22/02
Lauren from CO said:
I don't think its right to take a picture of someone without their consent especially if its going to be available to the public. If someone just happened to be taking a picture of a place and a person just happened to be there it should probably be okay but if someone purposely took the picture and revealed it to the public that would be REALLY wrong.
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