Video for Sporting Event Help.

[phantom123abc]

What is the name of your state?
Georgia.

I recently videotaped a gymnastics meet to create DVDs to sell to the gym kids.

I just had a gym mom (after the meet) call and tell me she did not want her child to appear in the DVD at all.

Can she legally request this? It was made clear that the event was being video taped and I was contracted by the gym.

Any directional help would be wonderful.

Thanks.

 

[BelizeBreeze]

You're damned right she can. And without a signe release from the event coordinator and the parents, you better not have the video anywhere except for private viewing.

 

[phantom123abc]

So are you saying?

So, are you saying that if I am invited to attend an event by the coordinator and video tape the events taking place.

That I have to have a signed release from all 350 kids competing to sell their parents a copy of the meet?

It is a public event that I have been contracted to video and they are only being sold to those attending and competing in the event.

Please advise.

 

[BelizeBreeze]

So, are you saying that if I am invited to attend an event by the coordinator and video tape the events taking place.

That I have to have a signed release from all 350 kids competing to sell their parents a copy of the meet?

It is a public event that I have been contracted to video and they are only being sold to those attending and competing in the event.

Please advise.

Public event? Listen, I unless you have authorization from the committe or organization that puts on the event and THEY or you have notified the parents and participators of such a taping, forget it.

 

[phantom123abc]

Everyone was notified.

The head of the organization invited me to come and videotape the event.

It was announced in the meet information that went out to the gyms prior to the event and it was announced several times during the event.

It was a public event, anyone could attend. Not to mention, there were many video cameras at the event. Everyone was allowed to videotape and photograph as desired.

 

[somedude]

It doesn't matter

Phantom:

The difference between YOU filming and the others is that you are releasing your footage FOR SALE & PUBLIC DISTRIBUTION. The other people videotaping were doing it for private (home) viewing. There is a HUGE difference.

If parents have come forward to state they do not want the images of their children used, you can NOT! It's as simple as that.

That is why when you watch some programs, you'll see images blurred. That is because permission was not granted by those people.

So -- to sum it up: It doesn't matter if they were notified of the filming or not. The kids whose parents said "NO!" -- you can't use (or you have to blur their entire image). You are distributing these DVD's publicly.

 

[mmdl]

use of photographs of children by a professional photographer

Texas

I have a question related to this thread. My child was photographed at school by a professional photographer. The photographer sent the following notice to parents:

"Your child’s photos may be used in our portfolio unless we are requested not to use them. Please let us know as soon as possible if you have any concerns or questions about this."

I interpreted this to mean a portfolio that was kept on-site and shown to prospective clients, so I did not make a particular request not to have my child's photo included for that sort of use. We later discovered that the photographer had sent several copies of my child's photos to various businesses as advertising. When I questioned the photographer about this (in writing), this was the response:

"The 'marketing pieces' to which you referred in your last email were merely printed samples of our portfolio that were sent to a small number of specific companies that we felt may need our services at some point in the future. If you had responded to the email that was mentioned above, I would have certainly not used . . .'s photograph in these samples. Although, you should keep in mind for future reference that I, as well as any professional photographer, hold the copyright to any photograph that I take. Therefore, I also reserve the legal right to use my body of work in any way that I wish. My offer to not use the photographs was just my way of trying to be considerate to any parent who may have negative feelings about other people seeing their children."

I have a lot of experience with FERPA and student records, and I know that releasing any sort of student records requires a specific document granting such a release. My question is whether a professional photographer would also need a proper release to use such material, as opposed to a "tacit" or implied release of this sort.

Thanks in advance for any light you can shed on this.

mmdl

 

[indyjetflyer]

Public event? Listen, I unless you have authorization from the committe or organization that puts on the event and THEY or you have notified the parents and participators of such a taping, forget it.

This is good advise. When producing anything for public consumption you NEED signed releases from the individuals being taped, if nothing else video footage of them giving release to be taped. If minors are involved then the release from their parents or legal gaudians. Yes, it's a pain to get releases especially from overly protective parents (I had to do it for 50 kids for a commercial for a family entertainment business). Then someone always comes back later and wants to withdrawl the release. Ok fine, release withdrawn and I edit your kid out of the video.

As being a public event the participants MUST have been notified that their participation is being taped and by participating they authorize and release their likenesses to be used for commercial purposes. I'd still edit the kid out of the video.