Originally posted by RioRico [Disclaimer: I am not now, nor have I ever been, a lawyer.] Laws vary, but in USA generally, anything|anyone you shoot while YOU are in a public place, and if the subject has no expectation of privacy where they are, is fair game -- unless you use the image commercially, i.e. to sell something (other than itself).
I also am not a legal professional, but please let me add to this one - because it could spell more lawsuite than most could ever possibly afford.
Try not to include any children of any age (under eighteen) on ones photographs that one uses for any type of business purposes - even if taken in a very public area. There's no telling how any parent, guardian, or relative might take to the though of having their child photographed. One could very well have law enforcement called on them, and very well end up in lengthy investigation, followed by court action.
And not to this specific instance or example; but I have seen both casual picture takers all the way to career professionals get cited and even chaged with a version of disorderly conduct - typically a summary offense IF cooperative with all authorities and also typically in excess of a six hundred dollar fine. But even with it being summary - it might never leave a district justice/judge/magistrate in theory. But it could gravely effect ones business and ones ability to keep a job.
So, if you happen to still want to do candids where children (
anyone under eighteen) make sure you have yourself well covered; ethically and legally. I personally would elect not to take the chance without alerting parents up front and first.
Also of concern if one takes items such as senior portraits; that if it is a legit business (or even a very part-time money maker); that there can also be very extensive contracts involved. Technically any
minor usually can get away with the consent of just one parent; but
under some circumstances - such as for publication (or for some business purposes) then one must get both parents signatures AND in some cases to add to that - additional custodial parents - say if there were a stepparent for primary residence.
Photographing chlldren can be a good line of work and quite rewarding, but legally it is a nightmare. Which is why it pays to almost want to deal with professional agencies; such as a modeling agency - which unfortunately might preclude candids.