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I agree completely here and anything which raises discussion, particularly in relation to children's images should prompt a review (or a revisit) within organisations to ensure children are protected. Whilst copyright may be separate legally, it is so related to other legal issues. However in our duty of care, those working with content and/or making any decisions on inclusion of copyright content should have guidelines in relation to using children's images. This should apply whether there is permission in place or not - either through a CC licence (for example) or a parent/guardian consent. The stronger the policy in relation to using children's images the better. However the main point is to have a consideration of uses of children's images as they occur and not rely wholly on a licence/permission which could be applied in ignorance or trust. Bernadette Attwell BSc (Hons) PostGrad UK and European Law of Copyright and Related Rights (KCL) Mobile: 07871260971 Home: 02871 370573 -----Original Message----- From: Pat (Pgogy) [mailto:[log in to unmask]] Sent: 02 March 2015 16:51 To: [log in to unmask] Subject: Re: CC images of Children. On 2015-03-02 11:36, Suzanne Hardy wrote: > This is less about the photographer waiving their moral rights, and > about thinking of the rights of the children, and relating that to > issues of what constitutes explicit consent, which relates to the the > Data Protection Act 1998, where Schedule 2 and Schedule 3 set out the > conditions relevant for the processing of any personal data. In this > case because of the use of images of children, this is less related to > the Copyright Designs and Patents Act than to the processing of > personal data where explicit consent is required. > > BBC editorial guidelines are pretty good in this area: > > http://www.bbc.co.uk/editorialguidelines/page/guidance-children-full Did a google (out of curiosity), as I was wondering how "identifiable" someone had to be, and what sort of defence this is for public buildings and spaces. https://ico.org.uk/for-the-public/schools/photos/ So guessing it is where personal use ends? Is putting some on flickr personal use? Does the cc licensing revoke the personal use? -- The Open University is incorporated by Royal Charter (RC 000391), an exempt charity in England & Wales and a charity registered in Scotland (SC 038302). The Open University is authorised and regulated by the Financial Conduct Authority.