Q: If I use pictures I've taken of children to illustrate a book do I need a release from their parents?

A: To answer this question, we need to consider a few key points:

1. Copyright: As the photographer, you own the copyright to the photos you've taken. This generally allows you to use them for various purposes, including in a book.

2. Right of publicity: Even if you own the copyright, individuals (including children) have a right to control the commercial use of their image. This is especially sensitive when it comes to minors.

3. Privacy concerns: Using photos of children, even if altered, can raise privacy issues.

4. Recognizability: Your plan to use filters to make the children unrecognizable is a good step, but it may not completely eliminate the need for releases.

Given these factors, here's my recommendation:

It's generally advisable to obtain releases from the parents or legal guardians of the children in your photos, even if you plan to alter the images. Here's why:

1. Legal protection: Having releases provides you with legal protection against potential claims of privacy violation or misuse of a child's image.

2. Ethical considerations: It's considered good practice to get consent when using images of children, especially for commercial purposes like book illustration.

3. Uncertainty of "unrecognizable": What you consider unrecognizable might still be identifiable to people who know the children well.

4. Publisher requirements: If you plan to publish the book through a publishing company, they may require releases as a matter of policy.

While it's possible that heavily filtered images might not legally require releases, obtaining them is the safest approach. It protects you legally and shows respect for the privacy and rights of the children and their families.

If obtaining releases isn't possible, consider using stock photos or illustrations instead, or consult with a local intellectual property attorney for advice specific to your situation and Mississippi law.

A: Based on the information provided, here's an analysis of using filtered photos of children in a book illustration:

Legal Considerations:

Even with filters applied, using photographs of identifiable individuals, especially minors, can raise privacy and legal concerns.

The level of alteration and whether the children are still recognizable are key factors.

Consent and Releases:

It's generally advisable to obtain parental consent when using images of minors, even if altered.

Written releases from parents/guardians provide the strongest legal protection.

Level of Alteration:

If the filters make the children completely unrecognizable, the need for releases may be reduced.

However, if someone who has seen the original photo could still identify the child, a release is recommended.

Purpose and Context:

The context in which the images are used (e.g., commercial vs. editorial) can affect legal requirements.

Using images for commercial purposes typically requires more stringent consent practices.

Ethical Considerations:

Even if not legally required, obtaining consent is often considered best practice from an ethical standpoint.

Potential Risks:

Without releases, there's a risk of privacy claims or legal challenges from parents/guardians.

These risks exist even with altered images if the children are potentially identifiable.

Recommendations:

Obtain written parental consent if possible, especially if there's any chance the children could be recognized.

Ensure the alterations are substantial enough to make identification unlikely.

Consider using completely fictional illustrations or stock images with proper licensing instead.

Consult with a legal professional familiar with privacy and publishing laws in your jurisdiction.

If you proceed without releases, document your process of altering the images to demonstrate efforts to protect privacy.