A couple of us photo hounds are trying to share pictures of our referees in action at State Cup, Presidents Cup, Regionals, etc. that we take. We have the support of our SRA, SDI, and SDA. We have a simple&free web site where we can post them behind a password (www.drop.io). However, we all agree caution is in order as to privacy, especially for minors in the pictures. So my question, does anyone out there have a process and release forms they use for such a purpose? I have researched the legal aspects, and have generic photo release forms, but I'm looking to copy/pirate an existing vetted solution someone has already in place. Yea, yea, it's not about refereeing... but it kinda is.
Why are you worried about it? The second that anyone agrees to step on the field in the capacity as a referee or a player they can be photographed by the public and what is done with those images is beyond their control. And yes, I would argue that this is true for youth players and referees as well as adults, especially if admission is charged for the contest. They are putting on a public performance.
really? Try posting a picture, of a youth, on the public internet, without parent permission. Then have the parent find out and object. Legal or not, you are in for a world of pain and trouble.
I think that you are taking an unreasonable position on this topic, which is based upon the fear of legal action in our overly litigious society. To test my belief I decided to do a google search for "youth soccer regionals." The second item listed was this photo gallery of 26 pictures. http://www.argusleader.com/apps/pbc...S&Lopenr=906210801&Ref=PH&SectionCat=SPORTS05 Most of the players are certainly younger than 18, and they are identified by name. So are the folks responsible for posting this "in for a world of pain and trouble?" I seriously doubt it.
Be that as it may.... not trying to have a legal debate here... we've made our decision. Our time to waste I guess. Thanks for the feedback. (The site you reference is the web site of a newspaper. Not sure it applies to what we are up to anyway.)
Not to get into a debate, but I have been down this path using a school soccer team and WAS threatened with legal action if the pictures weren't removed IMMEDIATELY. And that is putting the conversation mildly.
Exactly. You just made my point. You were THREATENED with legal action, just as I surmised that your opinion was based upon the fear of a lawsuit, yet you fail to consider whether such a suit has any merit. I imagine that no paperwork was ever filed, and no ruling was ever rendered. Perhaps you are not familiar with the legal system and thus are adverse to being sued. Maybe you think that it will cost you money and substantial time. That may even be true for you, I can't say as I don't know your personal circumstances. I, on the other hand, have great familiarity with the legal system in this country and thus have no such fear, plus know it won't cost me a penny.
Um... We are familiar with the legal system, have gotten legal advice from lawyers expert in this topic, and have been told BEST PRACTICE is to use the release forms, and ESPECIALLY use them for minors. Having them behind a password is also best practice according to them. This is what we will be doing. As to law, you might be right, you might be wrong, but we have better things to spend our time and money on versus finding out.
I have absolutely no problem with the legal advice which you have received. A legal counsel is ALWAYS going to take the safe approach and advise you to go the extra step. That is exactly what you got with the "best practice is to..." Furthermore, you are right that by taking the extra precautions you can save yourself unnecessary conflict later. However, please don't tell me that I "might be right" or "might be wrong." I clearly know MUCH more in this area than you. My only message to you was that you shouldn't take a fearful approach to your project. There is nothing wrong with taking some reasonable precautions, even if they are totally unnecessary. You aren't going to get into any difficulties in that manner. The bulk of my message and the entirety of the last post was directed at NHref, and people such as him, who seem to quake in fear of a lawsuit and turn to mush and give others whatever they want when merely threatened with one, instead of taking the time to research the issue and confidently take action. Lawsuits are not to be feared. They are a very American way of stating one's opinion. Filing suit does not mean that one's viewpoint is correct or even proper. Unfortunately, in the last few decades our legal system has become a scare tactic used by people trying to get their way.
Wow did this ever devolve into a joke. Let's make it clear, I do not fear a lawsuit AT ME. However this would not be one, nor was the previous one I was involved in. It was and would be, a lawsuit aimed at a not for profit organization, not a person. Yes you can win or have it tossed out. You say you have no problem with going that route, great, go ahead and take time from your job and family and yes there is a cost, be it financial, personal, work related whatever. For you to claim someone "quake in fear" is an utter joke since you know nothing about the people or groups involved, nor the situation. In both cases legal advice WAS involved and in both cases we went with legal advice. You sir, no offense, haven't got a clue in what you are talking about, taking a situation you know nothing about and applying abstract generic concepts.
Whether a lawsuit has merit or not, there is still the cost and aggravation of defending against it. If you can avoid the suit in the first place, you are better off. Here is a release form from another organization I am involved with, US FIRST: http://www.usfirst.org/uploadedFiles/Community/Asset/2008-2009 FIRST Consent and Release Form.pdf While this form also has an injury liability waiver (except for gross negligence or willful misconduct), it also has a photo release. FIRST Robotics events are held in public locations, such as stadiums, arenas and HS gyms, and are open to the public. Anyone can come in and could take pictures. The release is for use of any such pictures by US FIRST. A picture of my daughter and her teammate taken 6 years ago has been used in their literature or on their website every year since. Without that release I had signed, I could have sued them for use of her image. The suit might have been thrown out, or I might have been given a token compensation. Either way, the organization would have had costs to defend itself.