By Gerry Chudleigh
Communication Director of the Pacific Union Conference

Sooner or later everyone who produces a church newsletter or website will wonder, "Is it OK to include a photo without permission? Will the people in the picture sue me when they see their faces on the Internet or on the cover of the union paper or church newsletter?"

In fact, the rules for the use of news photos are quite clear, and they are much less restrictive than many people think. These rules are based on the constitutional protection of a free and independent press and upon long-established privacy guidelines.

Like all news media, church newsletters and newsmagazines are not required to ask permission from any of the people who appear in news pictures or stories. Getting permission would often destroy the integrity of the news and would make the production and delivery impossibly slow. A "free and independent press" would become meaningless. Church news media generally print any news-related photos without permission unless doing so would violate one of the four rules that guide all responsible journalists:

But the commercial use principle is modified by two things. First, assuming that the photo is from a newsworthy event (broadly defined) at a public place, if the individual is not highlighted, but is incidentally visible among a large group of people, it is permissible to use the photo. A group of six or eight people is getting toward large. A group of 25 listening to a camp council message is clearly "large." Second, the commercial use principle is modified by not being able to identify the person. So a back shot, or a portion of a person's body, would not necessarily be an invasion of privacy.

Because parents and their children usually enjoy seeing their faces in print, most schools and summer camps incorporate a photo release in the enrollment application, and most people sign it. This is not necessary for news photos, but by signing the statement the student, camper or parent agrees that the child's photo may be used for broader publicity purposes, including brochures, slide shows, websites, etc. This also gives the parent an opportunity to NOT grant such permission in case they do not want the child's location known for some reason.

On websites the context of the photo is important. If the photo accompanies a news story, the photo is OK without permission. But if the photo is used to promote the purchase of supplies for Vacation Bible School, then the person is being used as a model and must be asked for permission.

COPPA limits the information a commercial website can gather directly from children under the age of 13 for marketing purposes. CA OPPA extends those limitations to all California residents. Neither of these laws limits photos of anyone of any age when the photo is news related.

FERPA gives parents of minor students who attend federally funded schools the right to inspect the "educational records" of their minor children and requires that those records not be disclosed to anyone else. "Educational records" are defined as grades, GPAs, test scores, religion, citizenship and several other items. But this same law specifies that schools may disclose, without consent, "directory information" such as a student's name, address, telephone number, date and place of birth, honors and awards and dates of attendance. Photographs are not included in "educational records," and can be published without permission unless the parent has submitted in writing a request that the school not publish their minor student's photo.