Q: is it illegal to photograph minors at school sports and sell them to the general public without consent

A: The legality of photographing minors at school sports events and selling those photographs to the general public without consent can be complex and may vary depending on jurisdiction. However, there are several general principles that can and should be considered:

Expectation of Privacy: Generally, there is a lower expectation of privacy in public places, including school sports events that are open to the public. However, minors are afforded greater privacy protections than adults.

Consent: Many jurisdictions require consent from a parent or guardian before using a minor's image for commercial purposes. This is particularly true if the photographs are being sold or used in a way that could be considered exploitative.

Commercial Use: Using a minor's image for commercial purposes without consent can lead to legal issues, including potential violations of privacy rights and misappropriation of likeness. This is often governed by state laws, which can vary significantly.

School Policies: Schools often have their own policies regarding photography on school grounds and at school events. These policies may require permission from the school administration and the parents or guardians of the students.

Child Protection Laws: There are various child protection laws that may apply, which are designed to protect minors from exploitation and harm. These laws can impose additional restrictions on photographing and selling images of minors.

Right of Publicity: Some jurisdictions recognize a "right of publicity," which protects individuals from unauthorized commercial use of their likeness. This right is often stronger for minors.

With all of that said, it is generally advisable to obtain consent through a signed release or Name, Image, Likeness (NIL) Agreement from the parents or guardians of the minors before photographing them and selling those photographs. Additionally, checking local laws and school policies is crucial to ensure compliance with all applicable regulations. For example, in Georgia, high school NIL agreements to advertise or sell images of the players must not include the logo of the high school or school colors when reposting or selling those photos. If in doubt, consulting with a legal professional who specializes in privacy or media law is recommended.