Can I Publish This Photo? by John Smock https://padlet.com/johnsmock/airq18cnge0vinfy en-us 2021-02-04 15:19:15 UTC 2024-10-15 09:10:26 UTC hello@padlet.com This photo was taken in a New York City Public School. Legally can I publish it (a different question than should I publish it). What questions do you need to ask to decide? johnsmock https://padlet.com/johnsmock/airq18cnge0vinfy/wish/1226583543 2021-02-22 14:21:14 UTC https://padlet.com/johnsmock/airq18cnge0vinfy/wish/1226583543 Should you publish it? https://padlet.com/johnsmock/airq18cnge0vinfy/wish/1234381651 With kids, I think unless the photo has a story that needs to be told in order to convey a strong sense of awareness or message, should be avoided. If the kids were for example: refugees, and an emotional message needed to be sent to the public, in that case it should be ok. I may be terribly wrong though.]]> 2021-02-24 01:58:54 UTC https://padlet.com/johnsmock/airq18cnge0vinfy/wish/1234381651 Can you publish it? https://padlet.com/johnsmock/airq18cnge0vinfy/wish/1243772551 I think you can publish the photo. But consent would need to be worked out with either the parents and/or the school system.

Questions needed to ask:
Who are the kids?
Would the school/the parents mind if this photo was published?]]> 2021-02-26 00:52:31 UTC https://padlet.com/johnsmock/airq18cnge0vinfy/wish/1243772551 You can't publish it https://padlet.com/johnsmock/airq18cnge0vinfy/wish/1243803586 I remember being in middle and high school and having  my parents sign a consent form in order for people to record in the class room. Sometimes they'd do that for teacher evaluations. 

Although it's a public school, there's nothing public about it. Doesn't work like it would if you were in a public space. To be fully transparent, I'm not sure of the specific legal ramifications, but I know it's not allowed without the parent's consent. ]]> 2021-02-26 01:10:50 UTC https://padlet.com/johnsmock/airq18cnge0vinfy/wish/1243803586 No. https://padlet.com/johnsmock/airq18cnge0vinfy/wish/1248496518 I think there are a lot of clarifying questions that would have to be answered before I said "yea" or "nay" on whether this can be published, but I'm leaning towards no. The primary one is "Have the children's parents/guardians signed any kind of recording or photographic release allowing them to appear in pictures for publication?" Also, what kind of publication would this be going to? If it's something that's limited to internal pubs like a Dept. of Education newsletter or the school's website, that's a world of difference from Chalkbeat or NYT.]]> 2021-02-27 18:06:27 UTC https://padlet.com/johnsmock/airq18cnge0vinfy/wish/1248496518 Can You Publish It https://padlet.com/johnsmock/airq18cnge0vinfy/wish/1250691575 I believe that you could be able to publish the photo so long as consent is given from the school system. Parents consent may be needed as well. But there's no way that you can publish these without it. ]]> 2021-02-28 19:44:02 UTC https://padlet.com/johnsmock/airq18cnge0vinfy/wish/1250691575 Technically, I think you are legally allowed to publish photos of children even without the consent of guardians (unnerving for guardians and future guardians!). If the photo is for editorial purposes then it's press-related, and I think has first amendment protections? I can point to one ( problematic) photo of the young Vietnamese girl running naked with chemical burns that was widely published. I'm sure the press was not given consent to run that photo. https://padlet.com/johnsmock/airq18cnge0vinfy/wish/1251171013 2021-03-01 01:22:12 UTC https://padlet.com/johnsmock/airq18cnge0vinfy/wish/1251171013