Treat it just as a school would. Seek consent. The children's
parents would reasonably expect your event to be a closed event with
the purposes you have set out. When you include anything that is not
expected regarding a third party, you have a duty to explain that to
the parents so they may give or withhold consent or may even absent
their child on this occasion.
The consent form does not need to come from the magazine: the parents
can give consent through you ie you issue the form. However the form
must be explicit. You should establish with the magazine just what
rights are being requested. It is usual for a magazine to consider
that it has copyright on images it has commissioned. You may wish
therefore to have a separate letter of agreement with the magazine
stipulating what it may do with the photographs ie use once in this
article and for no other purpose, images may not be held on storage
systems after the event and may not be distributed to third parties.
If this were the agreement, you would reflect that in the parents'
consent form.
--
Graham Turnbull
Head of Education & Editorial, Scran
A: 17 Kittle Yards, Edinburgh, EH9 1PJ
T: +44 (0)131 662 1211
F: +44 (0)131 662 1511
W: www.scran.ac.uk
Co. Details & Email Terms:
www.scran.ac.uk/external/address/
On 28 Mar 2008, at 12:23, Kirsty Kennedy wrote:
> Hi,
> Would you be able to give me advice on the following? I'd also be
> interested to see any policies that your organisation might have that
> covers this.
>
> We have been asked by a local magazine if they could come into one
> of our
> children's workshops and take photos of the kids for a photo feature
> they
> are doing on things happening in the Easter hols. Now our photo
> permission
> form does not cover this as it covers our staff or photographers we
> have
> commissioned, taking photos that we would use in either our publicity
> materials or to send to local press.
>
> After discussions we think we have three options
> 1) Ask the magazine to give us a cover letter explaining what they are
> doing and their consent form so that we can give it to parents when
> they
> fill in ours at the start of the workshop
> 2) Supply them with a photo we have taken of the event to use
> 3) Refuse this request
>
> As the workshop takes place in a closed learning room we do believe
> the
> magazine requires parental consent to take photos. And that the
> event does
> not come under the following definition of a "public event"
>
> "Photographs taken at public events
> If consent cannot be reasonably sought, as the photographs are being
> taken
> in a public place, e.g. opening event, or funfair, and if you can
> answer ‘yes’ to the following questions, then it would be reasonable
> to
> take the photographs and use them for the original purpose without
> fear of
> being in breach of the Data Protection Act 1998.
> 1. Would people attending the event expect photographs to be taken?
> 2. Would people in the photograph probably consider themselves to be
> in a
> public place, with no expectation of privacy?
> 3. Do you think it unlikely that anyone would object to the photograph
> being taken? (An individual could be in a public place, but may not
> want
> any images in which they are present being used)."
>
> So basically - what would you do? and does your organisation have a
> policy
> that covers such a request?
>
> Thanks for your help on this one!
>
> Kirsty
>
> Kirsty Kennedy
> Lifelong Learning Officer
> Shetland Museum and Archives
>
> [log in to unmask]
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