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We award grants to community based organizations for educational projects within in their communities. We would like to display photos of children engaged in these educational activities on our website. What legal things do we need to consider?

You should seek a release from the parents for use of their child's photo in your publicity or obtain the pictures from the organizations if the organizations have obtained the releases. (You should review the releases to the organization to assure that they cover your use of the photos.) Even with releases, it is not clear in every state that the parents can release claims of their children. But if the pictures are done carefully so that the children do not appear in a bad light, there is probably not much chance of suit against you.

I recently heard of a grantmaker that used photos of a program that it no longer funded.  Needless to say, that was embarrassing when the program complained.  I understand that the grantmaker felt it necessary to make a new grant to the program to smooth the situation over.

Rev: 6/29/2009

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