Guidelines for Using Photography and Video of Children from Events in Promotional Material

When photographing or videotaping children at events for promotional purposes, it's essential to comply with both federal and Ohio laws to protect children's privacy and obtain necessary parental consent. Federal Law: Children's Online Privacy Protection Act (COPPA) The Children's Online Privacy Protection Act (COPPA) regulates the online collection of personal information from children under 13. While COPPA primarily addresses online data collection, it also considers photographs and videos as personal information. Therefore, if you plan to use images or videos of children under 13 on your organization's website or social media platforms, you must obtain verifiable parental consent. The Federal Trade Commission (FTC) provides guidelines on obtaining such consent, including methods like signed consent forms or verification through government-issued identification. To find out if your company falls under COPPA rules, review the FTC’s Children’s Online Privacy Protection Rule: A Six-Step Compliance Plan for Your Business. Ohio State Law Ohio does not have specific statutes addressing the photography or videography of children in public settings. Generally, photographing individuals, including children, in public spaces where there is no reasonable expectation of privacy is permissible. However, using these images for promotional purposes, especially by organizations, may raise privacy concerns. To mitigate potential issues, it's advisable to obtain written parental consent before using any child's image in promotional materials. Best Practices for Non-Profit Organizations

1. Obtain Written Parental Consent: Secure written consent from their parents or legal guardians before photographing or recording children at events. This consent should clearly state how the images or videos will be used.

2. Use Consent Forms: Develop comprehensive consent forms that detail the intended use of the images or videos, the duration of use, and where they will be displayed (e.g., website, social media, brochures).

3. Provide Opt-Out Options: Allow parents to decline participation without repercussions.

4. Implement Identification Measures: Use identifiable markers, such as wristbands or badges, to distinguish children who do not have parental consent for photography.

5. Educate Staff and Volunteers: Ensure that all individuals involved in the event know and adhere to the organization's policies regarding photographing and videotaping children.

    Example Consent Form

Please consult an attorney for your specific needs.

Photography and Video Consent Form for Minors

Event Name:

________________________________________

Event Date:

 ________________________________________

Location:

 __________________________________________

Child’s Name:

 ________________________________________

Age of Child:

 ________________________________________

Parent/Guardian’s Name:

 ________________________________________

Contact Information:

 ________________________________________

Email Address:

 ________________________________________   We are excited to have you and your child participate in this event. To help us promote our mission and share the success of our programs, we would like your permission to photograph or record your child at this event.

Consent and Release

I, the undersigned, grant 

 permission to photograph and/or record video footage of my child during the event specified above. I understand and agree to the following:

1. Usage: The images and videos may be used by  for promotional purposes, including but not limited to website content, social media, printed brochures, newsletters, and other media.

2. Duration of Use: may use the images and videos indefinitely unless I provide written notice requesting their removal.

3. Confidentiality: will not publish my child’s full name or personally identifiable information without additional, specific consent.

4. Opt-Out Option: I understand that I can decline this consent without any impact on my or my child’s ability to participate in the event. I can inform  on the day of the event or notify  in writing at  if I prefer that my child not be photographed or recorded.

5. Withdrawal of Consent: I understand that I may withdraw this consent at any time by providing written notice to  at . I acknowledge that while efforts will be made to cease further use of my child’s image, existing materials may remain in use.

  I understand and agree to these terms, and I consent to using my child’s photographs and/or videos for the purposes described above.

Parent/Guardian’s Signature:

 ________________________________________

Date:

 ___________________________