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"Do Not Photograph List"

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tmacon

Member
What is the name of your state? New York

Does a student's inclusion on a school "Do not photograph list" extend to activities outside of the school? For example if students were chosen by a audition to participate in a select music group for students within the county, could the county music organization take a picture of the ensemble and post it on social media? and/or if the local newspaper came and took a picture of the group rehearsing and published it in their paper would that be a violation of that parents wishes to be on the do not photograph list?
 


PayrollHRGuy

Senior Member
No it doesn't extend to such activities if those activities are not held on school grounds.

Also, such a list would not bar those not associated with the school (like a newspaper) from taking a photograph at an event they would be allowed to attend.
 

adjusterjack

Senior Member
Does a student's inclusion on a school "Do not photograph list" extend to activities outside of the school?
No.

In fact, it wouldn't prevent other students from taking photos of you or any groups you participate in.

So therefore the county music organization does not need any permissions to photograph?
No, but it might need permission to use the photos for publication.

Bottom line, if you don't want your picture taken, don't participate in any activities where pictures are likely to be taken.

Frankly, I think being on a "Do not photograph list" is silly. You can't avoid somebody's camera every minute of every day. And if somebody does take a picture of you there isn't going to be any punishment for it.

You'd be better off going through life with a bag over your head if you don't want your face to appear in photographs.
 

quincy

Senior Member
Thanks. So therefore the county music organization does not need any permissions to photograph?
A country music organization would need permission from the venue to take photographs and there can be legal restrictions on the use of any photographs taken, but a school's "do not photograph" list does not limit photographers from taking photos outside the school.

Why?
 

tmacon

Member
No.

In fact, it wouldn't prevent other students from taking photos of you or any groups you participate in.



No, but it might need permission to use the photos for publication.

Bottom line, if you don't want your picture taken, don't participate in any activities where pictures are likely to be taken.

Frankly, I think being on a "Do not photograph list" is silly. You can't avoid somebody's camera every minute of every day. And if somebody does take a picture of you there isn't going to be any punishment for it.

You'd be better off going through life with a bag over your head if you don't want your face to appear in photographs.
Thanks, the term "for publication" does that include social media? For example the county music organization has a Twitter account and FB account where it posts announcements and coming events. During all county festivals members of the music organization take pictures of rehearsals and post. We have been warned that these could be violating some student's do not photograph requirements.
 

quincy

Senior Member
Thanks, the term "for publication" does that include social media? For example the county music organization has a Twitter account and FB account where it posts announcements and coming events. During all county festivals members of the music organization take pictures of rehearsals and post. We have been warned that these could be violating some student's do not photograph requirements.
Yes. Publication includes postings on social media sites.

If a student does not want to be photographed, the student should avoid any event that draws photographers.
 

PayrollHRGuy

Senior Member
Let's just clear this up for the @tmacon

That do not photograph list only precludes the school from photographing and publishing any photographs of your child. This would mean employees of the school system, those working for the school system and people/entities the school allows to photograph where they normally wouldn't be allowed to just take photographs.

Once your kid starts to go to public events like football games or even an event on school grounds during school hours where the public or press is allowed to be, it won't stop 3rd parties and likely even the school from taking and publishing photos.
 
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quincy

Senior Member
Right. The "do not photograph" list has limited reach. It applies to photographing students in school and publishing student photos on the school website or in other school publications like newsletters.

A student also can opt out of a school yearbook photo if the student for some reason does not want to be pictured.

But when events and/or areas are open to the public and photographing is permitted in the venues or areas, people can be photographed and these photographs (with few exceptions) can be legally published.

It will be use of a photo that can create for a photographer the most legal issues.
 

HRZ

Senior Member
The flip side of this is one of my relatives has forbid his daughter from performing at a school opportunity to perform at a major concert hall in public .a rather unique opportunity MISSED by that young lady because of protective parent . THe balance is sometimes a tough one

( no religious issues about pictures were involved )
 

Jay968

Member
Some here are saying that permission may be needed to publish. As a photographer for over 50 years, I have always been under the impression that photographing in public and publishing that photo are protected by the first amendment of the constitution.News outlets do this every single day of our lives.
It is when the likeness of a person is used to sell a product that a consent is needed. A photographer may be sued if his photo presents the subject in an unfavorable situation but to say he needs permission just to photograph and publish that photo? I don't think so!
 

quincy

Senior Member
Some here are saying that permission may be needed to publish. As a photographer for over 50 years, I have always been under the impression that photographing and publishing are protected by the first amendment of the constitution.News outlets do this every single day of our lives.
It is when the likeness of a person is used to sell a product that a consent is needed. A photographer may be sued if his photo presents the subject in an unfavorable situation but to say he needs permission just to photograph and publish that photo? I don't think so!
This is an old thread, Jay. It is preferred on this forum that old threads are revived only by the original poster.

Photographers can be sued for both taking photos and publishing photos. It depends on exactly what is photographed and where and for what reason the photos are published.

There actually are a lot of laws that govern photographers. The First Amendment has limits. :)

tmacon has been seen on the forum recently. Perhaps he can stop by to update his thread.
 

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