Permission to use photographs

[Robin Leworthy Wilson]

I recently donated my time to photograph a grade school field trip. I was then asked by the museum to publish my photographs.  All students were allowed to be photographed with exception to one (I received a verbal ok from the parent that it was fine to photograph the one student).  The school handled the permission/waivers. This was not a business transaction, but a contribution. Do I need to ask for permission to submit my photographs to the museum from the school? Do I need to have permission to post my photographs on my website? My understanding is that if I follow the Canadian Charter of Rights and Freedom for photographers, I should be able to make my own decisions without consultation...Am I wrong?

[Moe Doiron]

Depends what is stipulated in the school waiver. It may allow permission for some things and not others. You should get a copy of that first then go from there.

[Robin Leworthy Wilson]

Parents are required to complete the appropriate “Consent to Photograph” form from the school. The form copy: "In accordance with the Municipal Freedom of Information and Protection of Privacy Act, I _______________________________ consent to have...Signature...This agreement will be kept on file and used if photographic material containing your image (student over 18 years of age) or the image of your child (student under 18 years of age) is used in promotional and/or informational brochures; posters; newsletters; newspaper articles; yearbooks; web pages; videos and advertisements for the Hamilton-Wentworth District School Board. 

[Graeme Roy]

And nowhere on there does it say the photos will be used by a museum. You only have sign-off for school board use, that's it. Any other use was not granted. Technically the permission deal is between the parents and the school board, not you at all.

[Warren Toda]

Am I wrong?

Right or wrong depends on how expensive your lawyer is. 

The school release form is poorly written. Too bad the school board didn't hire the good lawyer. I wouldn't sign that form.

  • Useless sidebar #1: When I was your age, schools didn't have release forms. Photographers could go to a school, tell the principal that the newspaper needed a picture of students doing (whatever), the principal would then take the photographer into a classroom or gym to shoot away, and that was that.  Also used to be able to wander into museums and art galleries to do feature pictures.

The school's release form is an agreement between the school board and the parents. It's not an agreement between you and the parents or between you and anyone else.

The school release form seems to apply only to pictures used by the school board itself and not by any third party. Although, due to the poorly-worded release form, one might be able to argue that it might permit some third party use.  However, the smart (and safe) money says you have no release form.

  • Useless sidebar #2: Everyone panics when children are involved because, as we all know, publishing a picture of a child means that kidnappers, pedophiles and other bogeymen immediately come out of the woodwork  . Paranoia is the fastest growing industry around.

My understanding is that if I follow the Canadian Charter of Rights and Freedom for photographers, I should be able to make my own decisions without consultation

Charter Rights are not absolute. Privacy rights sometimes tend to trump freedom of expression.  (Keep in mind that the Charter describes the relationship between "The State" and the people. It does not describe the relationship between individuals or businesses. The purpose of Charter is to protect us from evil government but not from evil businesses or evil neighbours).


You could ask the school for permission but, based on the poorly-worded release form, I would question the school's legal right to reassign the release form to you. Although, depending on how the museum plans to use the pictures, it could be done.

You could have the museum pick a specific picture(s) and then you you get releases from those specific parents. Have the museum "pay" the parents with free family passes.


The common way to handle situations like this is to pass the liability onto the end-user of the pictures. You must have a contract with almost all clients. This contract should include a clause that says something like (but don't copy-and-paste this):


The Client will indemnify, defend and hold The Photographer harmless against any and all claims, liabilities, damages, costs and expenses, including reasonable legal fees and expenses, arising from the use of The Photograph(s) by The Client.

Unless delivered by The Photographer to The Client, no model or property releases exist. It is the responsibility of The Client to obtain the necessary permissions for any use that requires model or property releases not delivered by The Photographer.

It is the responsibility of The Client to determine whether any model or property releases delivered by The Photographer are suitable for The Client’s purposes.


The point is, you're a photographer, not a publisher. The act of publishing is where problems can arise. Since you, the photographer, have no control over the publishing, you shouldn't bear any liability for the publishing.

However, you should always do the client a favour and strongly urge them to get release forms whenever you think it might be necessary.

Do I need to have permission to post my photographs on my website?

Yes, no.

Yes:  it helps to have permission. Your contract should include a clause for this.

No: If you don't have an agreement with someone, (a private individual and not a public figure), then I would suggest that you do not use any picture that might be considered inappropriate, embarrassing, etc. Even then, should someone call and complain, in most cases you probably should remove the picture. Removing a picture of a private individual shouldn't affect your web site.

[Moe Doiron]

I should add that I would advise not referencing the Canadian Charter of Rights and Freedoms when dealing with clients or subjects unless you're being sued.

[Robin Leworthy Wilson]

I appreciate all the comments and certainly have direction on the topic.  I don't want to set myself up to be sued, but it seems that everyone goes through the motions of inadequate contracts/waivers with no purpose. In this situation I want to share the photographs that I take in a positive light. They are hardly worth a lawsuit. Passing judgment on my photographs allows anyone to sue for anything-any time...I do not feel that these images are worth that risk. Especially with some of the most difficult parents who chose to fight simply because they can. I realize that I need to have everything in black and white, although find it not realistic in some cases to follow through.  I put together a quick link for you to view the images from this event. The flash of each image for less than a second in video format (I hope this is not a problem). Until I have the answers I need from the school, I will now allow download access.  http://aerialpromotions.ca/home/2012/05/09/strict-but-nice-jordan-school-house/ Moe & Graeme Thank YOU for all your advice and pointing out the fine print. Warren I look forward to chatting with you more!

[Warren Toda]

Passing judgment on my photographs allows anyone to sue for anything-any time...I do not feel that these images are worth that risk. Especially with some of the most difficult parents who chose to fight simply because they can.

While many parents would be thrilled to see a picture of their child dressed in period costume on the museum's web site, there's always the chance that someone will think that:
 
(i) the photographer made a ton of money from selling the pictures to the museum, 
(ii) the museum is making lots of money by using the pictures on their site,  or
(iii) their child will become the target of all the pedophiles in the area,

and so they should be compensated.

Plus, the museum is owned by the local municipality(?). Since we know all cities and towns have bottomless pits of money ,  who wouldn't love to sue the town? For this very reason, since the museum is owned by the municipality, the museum should make sure all its pictures are properly acquired.

Your pictures are far better than what the museum currently uses. Having children in the pictures really makes the museum come alive.

I'm not a lawyer but I'd say several of the pictures could be used without a release form. For example: pictures that show the teacher and only the backs of students; pictures that show the entire classroom and all the kids are small in the background; a few outside pictures where the kids are in a group in the background. Basically any picture where a group of kids are shown and none of them are recognizable.

If I shot these pictures, there are several that I'd have no concern using on my web site.

A picture that singles out any kid(s) shouldn't be used.

A possibility (I'm not a lawyer, yadda yadda) is to encourage the school to give pictures to the museum and have the museum "promote" the school. (Although, you wouldn't get paid this way). Since the school gave the pictures to the museum, if anyone complains, it's not your fault. 

For example: "Here's pictures of Miss Smith's Grade Six class from XYZ Public School visiting the museum on May 9, 2012".  Make this web page very editorial, like a newspaper story about the school visit. This *might* satisfy the requirements that the pictures are being used to promote the school board and its wonderful tradition of fun, yet educational, school trips.

The best solution is for the museum or town to hire a photographer to shoot some prearranged and released kids dressed in costume at the museum. The town must have some money to help promote tourism.  (Although, the town should spend a few bucks to teach the school museum how to spell. The school's own promotional brochure gets a "D minus" for spelling).

[Robin Leworthy Wilson]

Thanks Warren!  Since I'm not making any money because it was not initially a job, I like your last option. It's like a redue-retest after a lot of practice. Of course I like being hired and would have the contract spelled out for them "LOL". In the meantime the photographs have been given to the school and my waivers.  Most parents will sign and allow the images to be donated to the museum. I am happy that I posted this question and very grateful for the time you put into your responses.  I really admire your photography style...especially the blinking eye series...it's funny!