Does this Publicity Release go too far? Would you sign it for your (minor) child?

Parent Cafe
1

Kiddo #3 is going on a field trip with a class later this week. They will be participating in a program with a local arts organization. In order for her to participate, I was sent a standard school field trip permission form and a “Release and Waiver of Publicity” form for the arts organization.

I’ve signed photo releases before for things, but never anything this far reaching. It actually states in the wording that you are giving up substantial rights. It made me very uncomfortable and I ended up crossing out significant portions of the release before signing. Here’s what it says (with organization name redacted):

" Participant irrevocably transfers and assigns to — her/his entire right, title and interest, in and to all materials
created in connection with — (“Materials”) including use of Participant’s name, likeness, voice, and biographical information in or in connection with the Materials. Participant also irrevocably transfers and assigns to — all copyrights in the Materials arising in any jurisdiction throughout the world.

Participant irrevocably authorizes — to publicly perform, exhibit, broadcast, record in any medium now existing or hereafter created including electronic media, edit, create derivative works from , exploit, or otherwise use the Materials and permit others to use the Materials. This authorization is perpetual throughout the world and specifically includes use in —s marketing and fundraising efforts. Participant shall not be entitled to compensation for use of the Materials.

This Release shall be construed in accordance with the law of the [State] without giving effect to its rules concerning conflict of laws. Any portion of this Release deemed unlawful or unenforceable by a court shall be stricken without any effect on the enforceability of the Release as a whole.

Participant has read and fully understands this Release and understands that she/he has given up substantial rights by signing it. Participant certifies that she/he has signed under her/his own free will and, if over the age of 18, is suffering under no legal disability."

I’m not a lawyer, but it seems to me that I’d be allowing any photograph or video taken of Kiddo - with full identifying information - to be released by this group to anyone, anywhere in the word, at any time. They also have the right to sell the images or videos to anyone as well.

Am I overreacting by crossing out large portions of this before signing? I fully expect that the teacher will be contacting me and I want to make sure I’m not overreacting when I go to bat for this one.

2

Yeah I would balk at that @My3Kiddos - they’re covering their rear but it seems like it goes too far. I wouldn’t be willing to say that any pictures taken of my kid could be reproduced and used as part of art projects without my permission for perpetuity. I might even keep my kid home if they insisted on my signing that.

3

That doesn’t sound “standard” in the least. It sounds like it’s an art project release that your kid is signing up for without knowing what the project is. No, I Wouldn’t sign it.

I’d probably write a separate note that said “Johnny has my permission to go on the field trip to X on Y date. “

4

This is pretty standard-schools often throw every possibility in so they don’t have to produce releases for each occasion. You can withdraw your permission at any point-like after the event.

5

Except for the part where it explicitly says the release is irrevocable - three times!

It looks like quite a bit more than a fair-use / incidental exposure sort of thing, where an image could be used for materials not intended to be sold for profit, e.g. yearbook photos.

No, I probably would not sign unless it disqualified my child from participating and he/she really wanted to participate.

6

I would not sign!

7

I was never asked to sign any release like that. I’d be very reluctant to do so without crossing out significant portions of it.

8

My husband is a retired lawyer, and he is always having me cross out lines in permission slips.

Most of what gets crossed out is the “you can’t sue us if your kid gets hurt, even if it’s our fault and we did it on purpose” language. He says something like that would never hold up in court, anyway, but he always tells me to cross it out.

I cross out what he tells me to, and initial it next to the cross out. So far no problems. I think a lot of it is boilerplate, and they never even look at it except to see that it is signed.

9

I’m hoping the teacher says “hand in your permission slips” and he just piles them up, flips through them and looks for signatures on the bottom and never notices that I’ve basically crossed out (and initialed) two paragraphs and this becomes a non issue.

I’ve signed the school photo release every year. It’s more of what I’m used to where it grants permission for them to use her image in their publicity (social media) but doesn’t allow them to edit or sell her image to others. This one seems like it would allow the arts organization to raise funds by selling photos of the students and then I could one day wake up to find Kiddo’s photo (with her name and hometown) on a billboard portraying her as a heroin addict. And there’d be nothing I could do about it.

10

@My3Kiddos I think I would also make a copy for myself.

11

How do you legally cross out sections - just cross out or do you need to initial at tye crossed out sections?

12

@scholarme I always crossed out portions - or changed wording - and initialed right next to it. Then I would sign the form at the bottom.

One time my daughter had a job teaching dance. It was only an hour or two a week. The owner presented her with a 20 page contract that pretty much said they could sue her for anything. My husband read it and went a bit ballistic, saying she wasn’t working there. The owner wanted her so bad she said write up your own contract as long as it includes XYZ related to returning studio material. I did (I’m not a lawyer) and it was three paragraphs, covering what they wanted to cover. They still have people signing that 20 page contract, and I’m sure no one even reads it.

13

If you are really that concerned it would be best to keep your child home that day.

14

I have also crossed out and changed things on permission slips. No way I would have signed that one! Never had an issue with the school coming back and saying D couldn’t participate.

15

I would have signed it without any hesitation. I just see it as them covering themselves if say 5 years from now, they wanted to use a clip of my kids performance in an adm they wouldn’t have to track me down to get a waiver

16

@bearcatfan - I did keep a copy of it for my records. While I think the likelihood of them selling her photo, or putting it out there with full identifying information is probably nil, the possibility is not zero.

Kiddo is being graded on her participation/what they produce. It’s not really optional. I don’t want to get into it here, but I do have what I believe to be a very valid argument for why I would not consent to the use of her image with identifying information.

17

But you do realize that any of her classmates could take a photo and post the pic and all identifying information at the event with no recourse?

18

@roycroftmom - Yes, any classmate could post her photo on social media. But they can’t sell her photo and have it used in other fashions without a signed photo release. I would have recourse if it was used in a way that I didn’t agree.

It has come up in the news in the past where parents have surprisingly found that a photo of their family or of their child is being used in an advertisement. I remember one case where the photo was being used politically and the family was very upset with their daughter’s image being used in what they felt was racial propaganda. It turns out they signed a photo release with the photographer that granted him/her permission to sell the photos and no limits to how they could be used. I’m not willing to sign a release that broad.

19

It looks to me like they want the copyright of anything that the students produce. I would ask them very specifically about that. Nope. You don’t get my intellectual property without a really, really, really good reason for needing to rob me of that.

20

I would have signed it without actually reading it. Did it a million times for my kids to go on girl scout trips, band trips, etc. If I were the attorney advising the school, I’d tell them that if a parent alters the permission slip, that child doesn’t go. I wouldn’t have the time to go through 50 slips to see if we could live with the altered version.

Most likely what will happen is that her slip gets put in the pile and no one notices that there have been changes made.

If you just signed it, it is a contract of adhesion and you haven’t really waived any rights you have. When you rent a car, you sign the very one-sided contract. If you make any changes, you won’t be renting the car. Susie at the counter has no right to accept your changes, and Mrs. Smith running the field trip also has no power to renegotiate the terms and conditions of the trip.