Publishing pictures of children

[caymanhawk]

Hi,
I'm making a documentary and would like to publish some "appropriate" pictures of some of the kids I worked with when they were minors. Their ages were 10-18 in the late 90's- so all of them are over 18 now. Most were orphans that were wards of the state until they turned 18. I own the pictures and they were taking knowlingly in normal situations. How does HIPPA/Confidential laws work for a picture taken 13 years ago of a minor in a residential facility who is now an adult? Also, what about the few kids that had normal mom and dads? Would I need their (the mom and dads) permission, or the childs who is now an adult? Any suggestions or thoughts would be appreciated. Thanks, Travis

 

[Proserpina]

This isn't a HIPAA matter at all.

What you need is to obtain consent from all of the now-adult children.

 

[BayState]

This isn't a HIPAA matter at all.

What you need is to obtain consent from all of the now-adult children.

Actually it could be depending on the OP's status to the children during that time.

 

[Proserpina]

HIPAA?! seriously?

<---completely baffled. Teach me

 

[Duranie]

HIPPA has something to do with medical confidentiality, not this. I see nothing illegal or inappropriate about publishing the pictures. If you get contacted by that child...now adult to take them down then worry about it.

 

[jharris352]

Yes, once they became adults they have rights to their image and you would have to pay and get their consent.

 

[BayState]

HIPPA has something to do with medical confidentiality, not this. I see nothing illegal or inappropriate about publishing the pictures. If you get contacted by that child...now adult to take them down then worry about it.

in a residential facility

If this was a Psychiatric Facility HIPPA could apply.

 

[jharris352]

HIPPA has something to do with medical confidentiality, not this. I see nothing illegal or inappropriate about publishing the pictures. If you get contacted by that child...now adult to take them down then worry about it.

This is why you have a tag line that says you are not a lawyer.

If he took the pictures in a State Mental hospital or any institution that falls under HIPPA regulations it very well could be an issue. The Photographer knows enough about the situation to be concerned about HIPPA so I wouldn't dismiss it so quickly.

Even if it wasn't a medical facility it was a picture of a minor who has now grown up and owns the rights to their image. It isn't "illegal" per se but he would definitely owe them royalties and they could certainly deny him the right to use their images.

Your answer Duraine is a bit from the hip.

 

[Proserpina]

If this was a Psychiatric Facility HIPPA could apply.

That makes sense.

HIPAA may indeed apply. Thanks, B (& J) !

 

[caymanhawk]

Thanks everyone for the different viewpoints. The facility is a level 12 residential facility (mental health) and that's why I thought HIPPA could be involved. I think the responses about getting consent of the one photographed was correct or their conservator/guardian.

I think I need to talk to a lawyer about sorting out what could be considered public knowledge and what is confidential. Thanks for the suggestions, Travis

 

[army judge]

You could always obscure the faces of the ones photographed.

If you do that, you can focus on content and not cosmetics.

Locating many of these individuals is going to be a problem.

I suspect that many of them are wandering our streets as the homeless unknown, anyway.

I doubt that the substance of your piece would be affected by anyone's appearance.

PS: Please let us know the title of your documentary and where we can view it. Good luck with an important topic.


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