Legal Questions

[David Dustin]

I have 2 legal questions:

1. We will be set up on site during a local festival and plan on using captured images for personalized items.
How do you handle it when there are teenagers? Do you need to get permission from the parents to take the teenagers image?
I would expect younger children to be accompanied by their parents so that is not a concern.

2. Military Logo's like Army, Navy, Marines etc.
Do you need to license the logo's with the millitary?

Thanks,
David

[Joe Pelonio]

Are you concerned about the possible repercussions from sitting there with a camera taking pictures of little kids? I suppose that could cause problems, from misunderstanding to even possible arrest if someone complained. For something like that I'd suggest a parent for anyone under 16.

You might also consider that a 9-12 year old asking to have you engrave even their name on a $300 i-pod or cell phone might upset a parent if they are not present to talk about it with you first.

There are several other old threads on copyright infringement. Basically you must have written permission from the owner of any copyrighted image in order to use it, for sale or even personal use. I can't say whether the military emblems are copyrighted or not.

[David Dustin]

Well in the schools they need to get a permission slip signed for picture day.
I know a lawyer I can call to ask but was thinking one of you must have run into this by now..

Thanks,
David

[Darren Null]

Schools are slightly different- they are in loco parentis and have to cover their butts. Also some beliefs can be a bit iffy about photos, so the permission slips are 1) giving the parent/child an opt-out option and 2) butt-covering.

Presumably, you're going to be capturing the image of your customer and then burning it onto something. If you're just using the photo for that, you should have no problems- you have the subject's consent and you're in a public place.
You might want to have a stack of model release forms, just in case...this will enable you to use the photos for other things; like a photo of the finished item for your website or other advertising, and will also provide you with signatures for each photo just in case the police/security are feeling enthusiastic.
Or, you can state that the photos are going to be deleted before you go home and will not be used for any other purpose and make a little sign to that effect.

[David Dustin]

I called a Lawyer friend of mine, he said it is a non-issue except where it comes to phones and ipods.
For those it may be wize to get a parents permission, even if it is verbal, but in writing is the best.

David

[Craig Hogarth]

i don't want to comment on the photographs part as I'm definitely no lawyer. but as for the military logos, those are copyrighted and you cannot use them unless for official use. there's actually some law against it. I know the Navy (and guessing other branches as well) has an alternative seal that can be used in it's stead.

[David Dustin]

Just to clarify, my Lawyer friend said the pictures were OK as long as they were deleted everyday, it was in a public place and the fact they were for novelties.

He had no comment on the military stuff.

David

[Mike Null]

Dustin

You can use military logos with no problem. The only ones which may not be used are the official seals of each branch of service and the DOD. There is only one for each branch so all the usual things are open for use.

I have personally contacted the Dept of Heraldry (Army) or its equivalent for every branch including the Coast Guard.