I have found a fact sheet online that is also followed but a model release form .The fact sheet is stated that it is for guideline use only but I think it was interesting to read ,Why if somebody shows an interest in photographing children that arnt there own are they automatically a pervert , I can understand why its an issue because of some people in the word but I feel its become a taboo subject that im being advised left right and centre to avoid. Well I feel the stigma needs to be confronted and I wont allow it to effect my perfectly innocent work I will be using the model release form as a starting template for my own at a later date.
Fact sheet
Photographing Children
Please use this fact sheet as a guide only it does not constitute professional legal advice
This fact sheet should be read in conjunction with the fact sheet "Photographing People/ Model releases, which contains general advice on photographing people. This fact sheet sets out special extra considerations when photographing those under 18.
Parental Consent and Model Release Forms
As a general rule photographers should obtain a release when ever possible. If your contributors supply images with a model release, then this expands the possible uses of that image in a commercial environment. It is essential that you consider what the release should cover; advertising, editorial or for use on a website etc. and in which territories.
When shooting children under the age of 18, a model release with the parent or legal guardian's signature should be obtained.
An example of parental consent to be added to your standard with your model release might include the following: I hereby give (name of client/photographer) consent to the use the images(s) made of (name of children) on this date (-------) for all purposes, including those of advertising and trade and indemnify (name of client/photographer) against any claims arising out of any use of the Images.
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____________________________________ Signature of Parent/Guardian
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Using Children as Models in Commercial Photography
According to UK law, a licence is required for all paid commercial photography involving children of school age (under the age of 16). The licence is obtained from the Local Education Authority (LEA) where the child lives. A separate licence for each child involved is needed, and if they live in separate boroughs you need to apply for separate licences to each local authority. Either the photographer or the client can apply for the licence, but not the model or model agency. You should call the LEA to request a form, which will need to be signed by the parent or guardian. Leave plenty of time when applying for a licence (approx. 21 days before your shoot, any longer and you can complain to the Department of Health) note; some boroughs will issue six month licences.
You may also be asked by the Local Education Authority to produce a disclosure certificate. Standard disclosures contain details of all convictions on record, plus details of any cautions, reprimands or warnings. If you are required to provide one. For more information call the disclosure help line 0870 90 90 811 or visit http://www.crb.gov.uk
Protection of Children Act 1978
To comply with the Children’s Act 1978, extra care must be taken when shooting and distributing images of children, especially where innocent nakedness is involved.
The law on images of child abuse is relatively clear. Images of child abuse mean any images of children (under 16 years old) involved in sexual activity or posed to be sexually provocative. Section 1 of the Children Act 1978, as amended by the Criminal Justice and public Order Act 1994, creates various offences of taking or distributing indecent photographs
or pseudo-photographs of a child who is or appears to be under 16 years of age. Further information and details on Scottish Law, please visit: http://www.iwf.org.uk/hotline/uk_law.html
Photography of Children in Sport and Recreation Centres
Taking photographs of children in sports activities, especially in the areas of swimming, gymnastics and athletics, is turning into an increasingly problematic area. Reports of unauthorised children’s images taken whilst using sports facilities, with digital technology like mobile phones and cameras, and being posted on the web are creating serious concerns and increasing the paranoia surrounding this issue.
The Institute of Sport and Recreation Management newly issued guidelines are urging a complete ban on photography where partly clothed children may be present. They suggest that in venues that allowed photography, photographers should request permission to take pictures and guarantee that they will not be put to improper use. Guidelines can be found at:
http://www.isrm.co.uk/information/270_photography_children.pdf
Defamation
If, by use of an image or by captioning you give an untrue impression which might affect the subject’s reputation you could be guilty of defamation.. For example, a photograph of a miserable or bruised child should never be used to illustrate an article about abused children as this would be defamatory of the parents and possibly also the child. The photographer / agency and the parents or guardians must grant permission first and the picture should be used clearly captioned POSED BY MODELS.
Press Complaints Commission Code of Practice
The Press Complaints Commission publishes a Code of Practice which contains useful guidelines for photographing children, see www.pcc.org.uk/cop . These include: i) Young people should be free to complete their time at school without unnecessary intrusion. ii) A child under 16 must not be interviewed or photographed on issues involving their own or another child’s welfare unless a custodial parent or similarly responsible adult consents. iii) Pupils must not be approached or photographed at school without the permission of the school authorities. iv) Minors must not be paid for material involving children’s welfare, nor parents or guardians for material about their children or wards, unless it is clearly in the child's interest. v) Editors must not use the fame, notoriety or position of a parent or guardian as sole justification for publishing details of a child’s private life.
*Children in sex cases
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1. The press must not, even if legally free to do so, identify children under 16 who are victims or witnesses in cases involving sex offences. 2. In any press report of a case involving a sexual offence against a child - i) The child must not be identified. ii) The adult may be identified. iii) The word "incest" must not be used where a child victim might be identified. iv) Care must be taken that nothing in the report implies the relationship between the accused and the child.
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MODEL RELEASE FORM
To the photographer: ___________________________________________________ (name)
Address: _____________________________________________________________________
_____________________________________________________________________
________________________________________________ Phone: ____________
From the model: ________________________________________________________ (name)
Address: _____________________________________________________________________
_____________________________________________________________________
________________________________________________ Phone: ____________
Photographs taken on _________________________________________________ (date)
at __________________________________________________________________ (location)
In exchange for receiving (check/tick as appropriate):
□ modelling fee in the amount of _______________ □ free prints
I, the model, grant you, the photographer, usage of the photographs subject to the following conditions:
● I understand that the photographs taken of me during this sessions can be used wholly or in
part in any publication (commercial or otherwise), portfolio or public display (delete any that
aren't applicable).
● The photographs may be used to represent an imaginary person and any wording associated
will not be attributed to me unless my name is specifically mentioned.
● Any special conditions on usage agreed between the model and photographer:
________________________________________________________________________
________________________________________________________________________
Model: ____________________________________ Photographer: ____________________________________
both parties to sign here to agree these special conditions.
I acknowledge that by signing this form, subject to the usage restrictions above, I give up all claim of
ownership of the photographs, and assign copyright to the photographer named above. No further
payment will be due. Use of the photographs may be granted to third parties, however the
photographs will remain the property of the photographer.
I have read this form carefully and fully understand the implications. I am 18 years old or over.
Signed: __________________________________(model) Date: ____________________
If the model is under 18 years of age, a parent or legal guardian must sign:
Parent/guardian: ________________________________ Date: ____________________
Address: _____________________________________________________________________
________________________________________________ Phone: ____________
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