Photo Permission Questions

[CityGarden]

I have a Photo Consent Form I have parents complete with their enrollment paperwork. There is brief intro explaining how we use photos then gives parents two options:

Please check all of the boxes that apply to your child:

ο It is okay for my child’s photographs to be used for the PRIVATE school uses listed above.

ο It is okay for my child’s photographs to be used on ABC Preschool's public social media sites (Facebook, Instagram, website, etc.). I understand ABC Preschool will never place names or identifying information with these photos.

Half of my families have not checked the second box allowing their child to be used on social media, our website, etc. Would it be okay then for a photo of the child or a group shot with the child to be used as long as it does not show their face?

Example 1
If I have a photo of a little boy on the swing and his face happens to naturally be covered by the way his hat was positioned

Example 2
A group photo with all the children's feet in paint, no faces shown

Example 3
Gardening photo taken from behind where no faces are shown.

Would you clarify this with parents and if so how? Or is this something I would need to get special permission for from the individual parents on a case by case basis?

Going forward I am okay not showing faces but I feel the photos like those described above (with faces not shown and names not listed) should just be expected by parents if that makes sense. If you wanted to switch to that how would you suggest I word it on the photo consent to convey this?

[e.j.]

If a parent hasn't checked the 2nd box I wouldn't use a photo that included their child even under the circumstances you gave without the parent's permission.

I would either show the parent the picture you'd like to use and get specific permission for that photo or you could add a 3rd box that grants permission to use a photo as long as it doesn't include any identifiable features of the child - their feet, hands, back of the head, facial features blocked.

[daycare]

I take pictures for social media from the neck down and therefore never post a pic of their face.

I do make it very clear that all pictures are the ownership of my daycare and that I can use for any reason. reasons such as advertising on paper, social media, website, etc.

one thing that I do make clear is that parents may NOT post pictures of other kids in care on social media.

I take text pictures throughout the day and often another child may be seen in the background. In that case, they may NOT post that picture. If I find out they are, i will terminate them. It's a right parents have to their privacy.

I do place little faces over the kids face if I don't have permission to keep them out of the picture.

I don't allow for parents to opt out of neck down photos. Too much work on my end to crop, cut or just plain remember NOT to take a pic of that kid.

Everyone has the right to opt out of full face pictures.

have you ever heard of class dojo? its super awesome. check it out. its an app.

also sorry I havent responded to your PM. I just got back from out of town last night...

[Michael]

Here are some earlier threads on photo permissions: https://www.daycare.com/forum/tags.p...oto+permission

[Unregistered]

We have parents sign a permission form to take their children's pictures for activities within the dc and they assign a form for their child to be used on our FB page. The only problem we've had is others taking the children's pictures and posting without permission onto their business or personal page

[Mike]

If a parent hasn't checked the 2nd box I wouldn't use a photo that included their child even under the circumstances you gave without the parent's permission.

I would either show the parent the picture you'd like to use and get specific permission for that photo or you could add a 3rd box that grants permission to use a photo as long as it doesn't include any identifiable features of the child - their feet, hands, back of the head, facial features blocked.

Face isn't the only identifiable feature. Legally, you can use a photo as long as there is NO identifiable feature, but if there's even enough showing for the mother to recognize the child, you should get the mother's permission.

[Mike]

I take pictures for social media from the neck down and therefore never post a pic of their face.

I do make it very clear that all pictures are the ownership of my daycare and that I can use for any reason. reasons such as advertising on paper, social media, website, etc.

one thing that I do make clear is that parents may NOT post pictures of other kids in care on social media.

I take text pictures throughout the day and often another child may be seen in the background. In that case, they may NOT post that picture. If I find out they are, i will terminate them. It's a right parents have to their privacy.

I do place little faces over the kids face if I don't have permission to keep them out of the picture.

I don't allow for parents to opt out of neck down photos. Too much work on my end to crop, cut or just plain remember NOT to take a pic of that kid.

Everyone has the right to opt out of full face pictures.

have you ever heard of class dojo? its super awesome. check it out. its an app.

also sorry I havent responded to your PM. I just got back from out of town last night...

Legally, even without the face, if the child is identifiable, there can be problems if the parent didn't give permission.

[daycare]

Legally, even without the face, if the child is identifiable, there can be problems if the parent didn't give permission.

totally agree, but there is NO way in the world anyone could identify the kids the way that I do it. the chances would be impossible.

[mommyneedsadayoff]

I have a Photo Consent Form I have parents complete with their enrollment paperwork. There is brief intro explaining how we use photos then gives parents two options:

Please check all of the boxes that apply to your child:

ο It is okay for my child’s photographs to be used for the PRIVATE school uses listed above.

ο It is okay for my child’s photographs to be used on ABC Preschool's public social media sites (Facebook, Instagram, website, etc.). I understand ABC Preschool will never place names or identifying information with these photos.

Half of my families have not checked the second box allowing their child to be used on social media, our website, etc. Would it be okay then for a photo of the child or a group shot with the child to be used as long as it does not show their face?

Example 1
If I have a photo of a little boy on the swing and his face happens to naturally be covered by the way his hat was positioned

Example 2
A group photo with all the children's feet in paint, no faces shown

Example 3
Gardening photo taken from behind where no faces are shown.

Would you clarify this with parents and if so how? Or is this something I would need to get special permission for from the individual parents on a case by case basis?

Going forward I am okay not showing faces but I feel the photos like those described above (with faces not shown and names not listed) should just be expected by parents if that makes sense. If you wanted to switch to that how would you suggest I word it on the photo consent to convey this?

The feet photo seems like it would be fine, since it would be hard to identify by feet, but in general, i would just use pics of the half who have permission. When they are swinging, snap a pic. When you garden, have them split into two groups (one with permission, one w/out) and get some pics of each, but only post the one group. It will save you a headache if a parent is particular about social media. The other option is to not give them an option, but once you do, I think you should stick with it and keep them off FB altogether.

[Mummy101]

I blur out all faces that are not my own children and have parents sign my form before ever posting to social media. If they don't, I do not post. It is such a fine line, personally I err on the side of caution. I have excluded even just children's arms in photos when I have not had permission. Follow your state's regulations and your best judgement, and you will make the right choice. I have attempted to attach my form. Feel free to use it!

Permission to photograph.doc

[Alwaysgreener]

Tom Copeland blogged that even if the child is unindentifable to you does not mean a parent won't recognize their child. He recommends not posting pictures of children.

I would like to add by law only the foster child can give permission to have their photo posted. I say this just in case any may have a foster child in their care.

[hwichlaz]

Tom Copeland blogged that even if the child is unindentifable to you does not mean a parent won't recognize their child. He recommends not posting pictures of children.

I would like to add by law only the foster child can give permission to have their photo posted. I say this just in case any may have a foster child in their care.

And sometimes, even if the child gives permission, it's not valid. Like if they have an active order of protection. You wouldn't want bio family to stumble across the pics and figure out where the child is going to daycare.

[flying_babyb]

we dont have a waiver but we don't post photos with faces, other than staff children. Most parents do not seem to notice at all (then again they dont seem to ever visit our site)

[Alwaysgreener]

And sometimes, even if the child gives permission, it's not valid. Like if they have an active order of protection. You wouldn't want bio family to stumble across the pics and figure out where the child is going to daycare.

The ironic thing is a child under 18 can't legally give you permission, so either way you can't post pictures of them. However a foster child at age 13 with a FB account can post pictures of themself.

[Blackcat31]

I rarely if ever post photos of other people's children on ANY social media sites or anything similar. However I do have photo permission forms for my families because I have used photos of children simply to share on a parent bulletin board or newsletter etc.

The photos of children I have on my website are either my own kids (as younger children) or are stock photos you can find anywhere on the internet.

Another point to remember about photo permission slips/forms is that IF you do post photos on-line or in your advertising materials, MAKE SURE you have parent's sign off that even if they withdraw from care, age out or leave for ANY reason that the photos are YOURS to keep and the form or permission slip does not cover ONLY the time period in which the child/family attends care.

I have seen many providers have photos of kids on their flyers, websites and other advertising materials and then when a family leaves the family wants the photos back or taken down....Imagine having to re-do your entire website or advertising materials because of that.