Model Release in California, do I need both parent's permission?

I have recently started my photography business in California. I took my boyfriend's daughters out and did a model shoot with them (mainly for school photos). Months later I used a couple photos for my business card and newspaper advertisement. I have some of these pictures on my website, but have been replacing them as I get more clients. Today when the youngest was getting picked up by her mother, we mentioned bringing a specific outfit (her favorite outfit) the following weekend for new school photos. The mother immediately stated that I was not allowed to use these photos for my business, stating that it was against the law and that I never got her permission. My boyfriend responded that I had received his permission for use of the photos. She has previously given permission for her daughter's picture to be published in magazines (summer camp) and never sought out my boyfriend's (the father) permission.

My question is, can I get into trouble for not having both parents permission? She said something about a civil suit.... I have taken model releases from parents before, and I only get one signature. Also, when I researched model releases, the examples always said (Mother/Father/Legal Guardian)... with one spot for signature. Is this something for me to get worried about?

The pictures are nothing bad, there are no names (of models) on the website, no location of where she lives....

I asked in Law and Ethics as well, I just wanted other photographer's opinions as well...

2009-09-21T08:36:13Z

Haha! Great... There are so many true things about that... :)

Any photographers have an opinion?

2009-09-21T16:00:39Z

Guardianship is 50/50, Joint Legal, Joint Physical. Spendings equal time at both places. While both parents should be signing off on medical and school things, mother never brings any of that to our attention and claims to others that the father is not in her (the child's) life..

While she is in our care, we can have her join any sport/activity, same with Mother...

While we have spent the last 3.5 years learning a lot about the legal system, neither my boyfriend nor myself have ever learned anything about permanent guardianship, looking that up online it states permanent guardianship being with foster children being placed in adoptive homes.

She never asked me to take anything off the website, she never said that I was not allowed to post things in the future. She just said "are you going to put this on the website? it is illegal without my permission"

Technically, no it is not illegal from my understanding because I have parental consent from the father...

bongjuice2009-09-20T18:25:01Z

Favorite Answer

one is all you need and you dont need that if its a sample of your work advert or not its art and the next photo should have the kid in a shirt that says dadys girlfriend does that thing mommy doesnt know how to

Anonymous2009-09-21T15:42:18Z

The key to proper sign off of a minor on a model's release is the issue of who's the "permanent" legal guardian of the minor child; not merely a "shared" parent. In which case, if the mother is the "permanent" guardian, then her signature is considered the "priority" signatory on a minor's model release and your boyfriend's signature may be called into question should the issue be elevated to a legal forum. Our advice to you, is to obtain the mother's signature before taking any future photos of her children.

Good luck!

?2017-03-03T05:43:10Z

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