iStockPhoto and Children Photos

philjohns

Senior Member
Im doing a website for a day care company and need photos of, well, daycare.

They have photos that they have taken themselves but they do not wish to use them because of the quality. I suggested that I buy photos from istockphoto for the website.....however....

On istockphoto you can buy photos such as this Royalty Free Stock Photo Image: Masterpiece | iStockphoto.com and this Royalty Free Stock Photo Image: preschoolers | iStockphoto.com so clearly it is legal to buy them, however what is the deal with then using the photos of children (under the age of 16) on a website?

Don't want to get myself or my client into any legal trouble. Any views/knowledge appreciated.

(p.s. Greg - this could easily have gone in a catergory "Website Design Discussion".....maybe its time for a new category? I know your already onto it....)
 
Give your local magistrate a ring and see what they say ;)

I think that as long as the subject has consented it'll be reyt. Presumably they have consented with the image being on iStock and if not the issue lies with the photographer and not yourself/the client.

My mum and dad run their own show (I did not, I repeat not do their site) in a similar industry; the images they use are their own and they have just requested permission of the school and subjects(s' parents) before using. I can do some more asking if you want though bud?
 
Hey Phil,

I agree with Harry, I think you'll be fine as presumably the parents of the children in the iStock images have given permission for the images to be licensed to the photographer, and in turn to iStock. You could also contact iStock or the photographer direct just to be sure? Some of the photographers have their e-mail listed or you can use the iStock message system...

This is the message from their T&C/Help section...
Model releases: images with clearly visible people require a model release (iStockphoto Model Release ) form for legal reasons. Children in images can’t sign a model release. A legal guardian or parent must sign for all children under the age of 18 years. You will be notified if you need a model release and it can be uploaded later if you’re not sure.
If you have concerns relating to this Agreement, please contact iStockphoto at [email protected] or via phone at (403) 265-3062.
 
Hay Phill can you post back what you get?
I use Istock, and child photos and would just like to know for clarification, cant see it being an issue but would just like to know anyway. :)

Jaz
 
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