Legal Question in Civil Rights Law in Tennessee

freedom of the press

We cover events for children and put their pictures online so their parents and family can purchase them. We went to a public beauty review and it did say open to all in the paper. The lady said we could not shoot pictures of the pageant. We would need a release form signed by every parent first. These people made themselves public when they entered a public event. Should we have been allowed to cover this event? We cover ballgames of kids, karate tournaments, school events, never have had to have a release of any kind. If it was private I could understand that, but just like models, and stars, they subject themselves to the press and having their picture made. Do I need release forms to cover public beauty pageants?


Asked on 12/07/02, 7:48 pm

3 Answers from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: freedom of the press

I am assuming you sell the photos to the parents, etc.?

Here's the problem. If you take them and put them on the web you're using their likeness without compensation, and that is especially true if other people may view the photos.

To be on the safe side, the best way to handle this is to get with the promoter in advance and have a release for photos incorporated into the pageant agreement. In other words, team up with the pageant.

Good luck.

Read more
Answered on 12/07/02, 8:15 pm
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: freedom of the press

Yes! You do need a release. This is quite different from photographing a baseball game, her the contestants are specifically showing themselves individually to express a commercially valuable image. You are taking that image and exploiting it. Get a release!

Read more
Answered on 12/08/02, 2:29 pm
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: freedom of the press

Yes! You do need a release. This is quite different from photographing a baseball game, her the contestants are specifically showing themselves individually to express a commercially valuable image. You are taking that image and commercially exploiting it. Get a release!

Read more
Answered on 12/08/02, 2:30 pm


Related Questions & Answers

More Civil Rights Law questions and answers in Tennessee