Event photographers in the United States must navigate a patchwork of laws and principles that govern privacy and publicity rights. Unlike in some countries with comprehensive data protection laws, the U.S. does not have a single federal law specific to photography. Instead, photographers rely on a combination of constitutional principles, state laws, and industry best practices to ensure they respect individuals’ privacy and publicity rights. 

This is particularly important in event photography—whether it’s a wedding, a school function, or a corporate event—where multiple people are captured in images, often in candid or personal moments. Professional photographers need to understand the legal landscape to avoid infringing on anyone’s rights, protect themselves from liability, and maintain trust with clients. 

The following guide provides an overview of key legal considerations in the U.S. for event and portrait photography, focusing on weddings and school photography, and offers practical advice for compliance and risk mitigation. 

Unique challenges in wedding and school photography 

Wedding photography 

Weddings are private events, yet photographs from weddings are often shared publicly by both clients and photographers. A unique challenge for wedding photographers is managing the rights and expectations of multiple subjects: not just the couple (your clients), but also their guests. 

Guests have privacy and publicity rights regarding their likeness, meaning they generally must consent for their identifiable image to be used commercially (for example, in your portfolio or on social media) (see: www.jasminestar.com). While the couple can sign a contract granting you permission (a model release) to use their images, that contract cannot waive the rights of other guests. This means if you display photos of guests on your website or promotional materials without their permission, they may ask you to remove them – and it’s advisable to comply to avoid legal issues. Most of the time, a guest who objects will simply request removal of the photo, but in rare cases, a high-profile or very private individual might pursue legal action if their likeness is used without consent. 

Wedding photographers also face the practical challenge of being an invited professional in a private space. While there is usually implied consent that the hired photographer will capture the event, it’s wise to ensure the couple informs guests (via invitations or signs at the venue) that photography is taking place. This notice can help manage expectations, though it may not be a legal shield if someone’s rights are violated. 

Additionally, moments at weddings can be sensitive or intimate, so photographers must use discretion about what to publish even when permission is given, to avoid any claims of public disclosure of private facts. In summary, wedding photography requires balancing your creative/documentary role with respect for each individual’s privacy – always erring on the side of courtesy and consent. 

School photography (photographing minors) 

Photographing children in schools or at school events brings an extra layer of legal considerations. Minors have privacy rights, but they cannot legally give consent – only their parents or guardians can. Many school districts have policies requiring parental consent before a child is photographed on school grounds or at school functions (see: www.thelawtog.com). 

Often, schools will distribute media release forms at the start of the year or include photo consent in their student handbook agreements. As a photographer contracted for a school (for example, to take school portraits or cover an event), you need to confirm whether the school has obtained parental permission for you. If not, you may need to obtain a signed model release from each child’s parent or guardian if the images will be used publicly or commercially (see: www.thelawtog.com). 

Even if the photos are just for the yearbook or for parents to purchase, it’s crucial to follow the school’s policies and any applicable state laws. 

There are also practical hurdles: schools may require external photographers to pass background checks, wear visitor badges, or be supervised on campus for child safety reasons (see: www.thelawtog.com). Always check in advance what requirements the school or district imposes (e.g. fingerprinting or specific insurance coverage) before the shoot. 

Furthermore, be mindful of federal laws like FERPA and COPPA in school contexts. FERPA (the Family Educational Rights and Privacy Act) treats student records confidentially; a photo can be considered part of a student’s education record if maintained by the school, which means it shouldn’t be publicly released without consent. Schools often designate event photos or yearbook photos as “directory information” that can be published only if parents haven’t opted out (see: www.studentprivacy.ed.gov). 

COPPA (Children’s Online Privacy Protection Act) is another federal law to note: it requires parental consent before collecting personal information online from children under 13. Photos of children are considered personal information under COPPA, especially if posted on a website or app directed toward children (see: help.artsonia.com). 

In practice, this means if you plan to post images of identifiable children under 13 on your own website or an online gallery, you should either ensure it’s in a section of your site aimed at adults (e.g., a portfolio for parents) or get clear parental consent for the online use of those images. Many professional school photographers simply avoid posting children’s faces publicly at all or only do so with explicit written permission from parents. 

In short, school photography demands a cautious approach: always get the proper permissions, follow the venue’s rules, and exercise extra care with how child images are stored and shared. 

Legal foundations in the U.S. for event photography 

Right to privacy vs. public spaces 

In the United States, individuals generally have a right to privacy that protects them from being photographed in places where they have a reasonable expectation of privacy. This means as a photographer you cannot freely snap pictures of people in truly private settings (e.g., inside their home or a private room) without consent. 

On the other hand, if people are in a public place or visible from a public viewpoint, what is plainly visible in public can usually be captured without legal repercussions (see: www.rcfp.org). For example, photographing participants at an outdoor festival or people mingling in a public park is lawful. 

However, context matters—even in public, you should avoid portraying people in a misleading or embarrassing way that could lead to a privacy tort, such as false light or public disclosure of private facts. And if you are covering a private event (like a wedding in a rented venue), that venue is not a public space—you are there under the permission of the hosts, so respect any limits they set (areas off-limits, no photos during certain moments, etc.). Always remember: private spaces require consent for photography (see: www.rcfp.org), and entering someone’s property or a restricted area without permission could lead to trespass or intrusion claims. 

Right of publicity (commercial use of likeness) 

Separate from general privacy, U.S. law recognizes an individual’s right of publicity—the right to control how their name or likeness is used commercially. This is especially relevant to photographers who want to use event images for their own marketing or profit. 

Even if you took a photo and own the copyright, you must have permission (a model release) to use a recognizable person’s image in advertisements, on your website portfolio, on social media promoting your business, or in any other commercial context (see: www.jasminestar.com). Many states explicitly require written consent before a person’s likeness can be used for commercial purposes (see: www.rcfp.org). 

In practical terms, a model release is that written consent. Without a signed model release, a person in your photo could invoke their publicity rights to demand you take the image down from your marketing materials (see: www.jasminestar.com, www.gfrlaw.com). This applies to clients and anyone identifiable in the photos. 

For example, if you’re an event photographer and want to post a candid reception photo from a wedding on Instagram to advertise your services, you should have the couple’s (and any clear subject’s) permission. The best practice is to include model release language in your client contract for the main subjects (e.g., the bride and groom) (see: www.jasminestar.com), and be ready to obtain additional releases if needed for other individuals prominently featured. 

If obtaining individual guest releases isn’t feasible, at least be prepared to remove any guest photo if they request it, as a courtesy and legal safeguard. Being proactive here is crucial—if you plan to retain rights to use images in your portfolio or promotions, make sure you have explicit permission from the subjects (see: www.gfrlaw.com). 

Consent laws and model releases 

Consent is the cornerstone of legally compliant photography. In the U.S., consent can be oral or written, but written consent is highly recommended to protect against any disputes (see: www.rcfp.org). A model release is the document where the subject (or their guardian, if a minor) gives you permission to photograph them and outlines how you may use the photos. Different situations call for different consent strategies: 

Clients and main subjects 

Always get a contract and model release signed with your paying clients. In event photography, your client might be the event host (the wedding couple, the school, or a company). Make sure the contract covers consent for photographing the event and specifics on how you (and they) can use the images. 

For instance, a wedding photography contract should state whether you may post the couple’s photos on your website or social media. A school photography agreement might state that the school has obtained parental consent and grants you permission to take and deliver student photos under certain conditions (see: www.thelawtog.com). 

Adults in photos 

For any non-client individuals who appear prominently in your photos (e.g., a bridesmaid, or a guest whose portrait you captured at the event), a release is technically required if you want to use those photos commercially. In practice, you may not be able to have every guest at an event sign a release. 

Instead, many photographers include a clause in the event contract stating that the client is responsible for informing guests that photography is happening and, if applicable, that photos may be shared. While that clause doesn’t legally bind the guests (since they didn’t sign), it shows you took steps to notify. 

Still, if a particular guest’s image is clearly featured in a shot you love, it’s wise to ask them for permission (perhaps even after the fact) before using it in marketing. It’s simply best practice to respect individual wishes on this front. 

Minors 

Consent gets stricter. A minor cannot give valid consent for photography; only a parent or legal guardian can (see: www.rcfp.org). So if you are photographing children—whether at a school, a kid’s birthday party, or a family event—you must have the parent or guardian sign a release for any images you intend to publicly use or sell. 

Even for non-public uses, like delivering an online gallery, obtaining consent to photograph in the first place (often via the event host or school) is important. As mentioned earlier, some states and localities are enacting laws to further protect minors’ privacy. 

For example, Georgia briefly had a law that broadly made it illegal for anyone except a parent to photograph a minor; it was quickly criticized and narrowed to only prohibit such photography by registered sex offenders (see: www.thelawtog.com). While extreme, this example shows a trend: there’s heightened sensitivity around photographing kids. 

Always double-check state laws, and when in doubt, get parental consent in writing before photographing or publishing images of minors. A model release signed by the parent will specify what rights you have to use the child’s photo (see: www.thelawtog.com). 

Relevant federal and state regulations 

COPPA (Children’s online privacy protection act) 

As noted earlier, COPPA is a federal law focusing on the online data of children under 13. It considers photos of children personal data, and online services must not collect or publish such photos without verifiable parental consent (see: help.artsonia.com). 

Photographers should heed COPPA if operating a website or app that hosts photos of kids (for example, an online gallery for a youth sports event). In practice, ensure any gallery containing children’s photos is access-controlled (not publicly searchable) and that parents know and agree to this online sharing. 

If you run a public portfolio site, you might choose to avoid using photos of identifiable children under 13, or only do so with written parental permission. 

State privacy laws 

Some states have their own privacy and data security laws. For instance, California’s Consumer Privacy Act (CCPA/CPRA) gives individuals rights regarding personal information held by businesses—photographs may qualify as “personal information” if a person is identifiable. 

A small photography business might not meet the thresholds to be subject to CCPA, but it’s good practice to honor requests like deleting photos of a person if they strongly object (unless you have a compelling reason or right to keep them). 

Additionally, states like Illinois have enacted the Biometric Information Privacy Act (BIPA). While primarily aimed at biometric data like face scans, it could become relevant if you use facial recognition technology (e.g., in your cloud photo management system). To stay safe, avoid using such features without consent. 

First amendment (editorial vs. commercial use) 

The First Amendment protects photography as a form of expression, especially for editorial or artistic purposes. If you take photos at a newsworthy event or for journalistic use, you generally do not need permission to publish them in a newspaper, magazine, or editorial website. 

However, labeling something as “editorial” has limits. A wedding or school event is typically not news for the general public (unless it’s a public figure’s wedding being covered in the press). For most event photographers, your use of images will be personal (delivering to the client) or commercial (self-promotion or selling prints). 

Thus, First Amendment freedoms won’t usually override privacy or publicity rights in these contexts. Always assume you need consent for non-news, commercial uses of images. 

Only truly public happenings—such as a city parade or political rally—might fall under editorial use where you can publish images of people without releases. And even then, this does not include using the images in advertising a product or service. 

By understanding these legal foundations—privacy expectations, publicity rights, consent requirements, and specific laws—you build a solid ground to practice photography without stepping on legal landmines. 

Next, we translate these principles into practical do’s and don’ts for common event scenarios. 

Practical implications: What’s allowed during weddings & events?

Photography at the event 

If you are hired by the event organizers or hosts, you have their consent to photograph the event and attendees as part of your job. There is implied permission for you to be there with your camera. That said, you must remain within the scope of that consent. 

For example, you can’t wander into restricted areas or private rooms at the venue without permission—that could be considered intrusion. Stick to photographing event activities and participants in public or communal areas. 

It’s wise to include in your contract that the client (host) is responsible for informing attendees that photography will occur. Many wedding contracts include a clause like: 
“The Client shall inform guests that a photographer will be present and that by attending the event, guests consent to being photographed.” 
While this isn’t a foolproof legal consent from every guest, it sets the expectation and can help avoid surprises or objections on the day. 

Guests who opt out 

Be prepared to accommodate those few individuals who approach you and say they do not want to be photographed. Some guests may have personal reasons—such as security concerns or anxiety—that lead them to avoid cameras. 

While such requests aren’t common, it’s courteous and prudent to honor them when feasible. Take note of any opt-out guest and try to avoid photographing them directly or exclude them from published image sets. 

There’s no overarching law forcing you to comply with no-photo requests in public settings, but at a private event, the host or individual guest may insist. In any case, it’s better to avoid conflict—no single guest’s photo is worth legal trouble or a dissatisfied client. 

Public vs. private venue 

If the event is held in a public venue (like a park or street), photography of attendees is generally allowed. But even if taking the photo is permitted, using it later might require additional consent (as discussed under publicity rights). 

If the event is on private property—such as a banquet hall, a home, or a church—you are present as an invitee and must follow any rules set by the property owner or host. Some venues or officiants impose specific rules, like: 

• No flash during the ceremony 

• No photography in sacred or designated private areas 

These rules are legally enforceable and form part of your access agreement to the venue. Violating them could lead to being asked to leave—or worse, being charged with trespassing. Always coordinate with the venue and host beforehand about any photography restrictions. 

Capturing candid moments vs. intrusion 

A hallmark of event photography is capturing candid, authentic moments. U.S. law does not prohibit photographing people candidly in the context of an event you’re hired for, as long as those people are in public view at the event. 

However, avoid intruding into clearly private situations with your camera. Don’t photograph someone who’s stepped away to a private space, is visibly upset, or is having a private conversation. Avoid images taken in restrooms, coatrooms, or through windows into private areas—these could lead to serious privacy violation claims. 

Generally, candid photos taken in the main event area are fair game, but use professional discretion and sensitivity. 

What you can do with event photos afterward 

During the event, you likely have full access to shoot as needed—thanks to the host’s consent. But the bigger legal concerns arise after the event, when using or distributing the images. 

Delivering them to your client (the couple, school, company, etc.) is expected and covered by an implied license in your contract.

However, if you wish to: 

• Use the photos in your portfolio 

• Share with vendors or media 

• Post on social media 

…you must carefully consider the rights and permissions of the people in the photos. 

We’ll explore this in detail in the following section on usage and distribution. For now, remember: distribution to clients or subjects is fine, but public or commercial sharing must be backed by consent and, ideally, model releases. 

No photography zones or moments 

Even within a generally photo-friendly event, some moments or areas may be designated off-limits for photography: 

• Some couples request no photos during the ceremony 

• A school might prohibit photography during classes or specific sessions 

Legally, the event host can set these conditions—and you are expected to honor them. These aren’t just etiquette rules; they’re part of your contractual obligation. 

Violating a no-photo policy, especially if it results in publishing something sensitive or private, could expose you to legal complaints. 

Before the event, always ask your client if any restrictions apply. And if a guest or parent requests a specific photo not be taken or used (e.g., of their child), coordinate with the client on how to best accommodate the request. 

Special considerations for photographing children at schools 

Parental consent is key 

As emphasized earlier, you need permission from a parent or guardian to photograph a child in a non-public context. Many schools handle this by distributing media release forms at the beginning of the school year (see: www.thelawtog.com). 

If you’re an independent photographer hired by the school (for class portraits, the yearbook, or a school event), ask the school about their photo consent policy. Key questions to ask include: 

• Do they already have signed releases from parents that authorize external photographers? 

• Will they provide you with proof or confirmation of that consent? 

If yes, ask for written assurance of that policy. Make sure your contract with the school states that the school guarantees that necessary consents are in place. 

If the school does not have universal permissions, you may need to distribute individual release forms for parents to sign. This is a logistical hurdle, but it’s legally essential if the images will be published or used externally (see: www.thelawtog.com). 

For purely internal uses—such as private class galleries or parent purchases—some schools might omit formal releases but still inform parents out of courtesy. 

Understand school policies and local laws 

School districts often have internal policies for working with students. These might include: 

• Check-in requirements for all visitors 

• Mandatory ID badges 

• Background checks or fingerprinting for photographers 

These measures are in place to protect students’ safety and should be respected without exception. 

Some states or cities also have laws regarding photographing minors on school grounds. For example, there have been legislative attempts to require explicit parental permission for any photograph of a minor, though many of these proposals have been modified or struck down due to constitutional concerns (see: www.thelawtog.com). 

Regardless, you should always err on the side of caution: even if a specific law doesn’t apply, taking photos of children without proper permissions could provoke parental backlash or administrative intervention. 

FERPA and student privacy 

If you’re photographing in a school context, be aware of FERPA—the Family Educational Rights and Privacy Act. Under FERPA, photos or videos directly related to a student and maintained by a school might be considered educational records, and therefore confidential (see: www.studentprivacy.ed.gov). 

As a contractor, you might be considered a “school official” under FERPA, which means you’re expected to safeguard any student images you access or produce. This includes: 

• Not publicly sharing school photos without authorization 

• Following any “do not photograph” lists issued by the school 

Make sure the school gives you a roster or clear communication about any opt-out students before your session begins. 

COPPA for online galleries 

If you deliver photos via an online gallery that requires a child’s name or email to access, be aware of COPPA—the Children’s Online Privacy Protection Act. Under COPPA, parental consent is required to collect personal data online from children under 13 (see: help.artsonia.com). 

To comply: 

• Ensure parents, not children, interact with the gallery platform 

• Deliver galleries through password-protected portals 

• Avoid collecting any direct personal information from children 

Professional school photography platforms often support these safeguards automatically—choose them intentionally. 

Showcase and portfolio use 

Photographers often want to showcase standout work in portfolios or on social media—but with children, extra caution is required. Even if a parent signed a release, consider the context: 

• Does the image identify the child, or show them in a way that could raise safety concerns? 

• Are the photos linked to a specific school or event? 

Many photographers use only first names or no names, or wait until the school year is over before publishing. If you have permission and want to highlight a beautiful photo from a school event, double-check with the school and parent before publicizing. 

The legal release may cover you, but a quick email or message can prevent misunderstandings and ensure goodwill. 

Avoiding sensitive situations 

There are often children who cannot be photographed for reasons related to: 

• Custody battles 

• Foster care placement 

• Witness protection or restraining orders 

Always coordinate with teachers or administrators to identify such students. Beyond that, avoid images that show: 

• Disciplinary moments 

• Visible name tags, addresses, or private documents 

These types of images, even if accidental, could result in privacy complaints or community concerns. 

Photographing at schools can be incredibly rewarding, but also demanding. By securing consent, following local rules, and treating children’s privacy with respect, you protect both your clients and your own business. 

Usage and distribution of event photos 

Client deliverables vs. public use 

Providing event photos to your client (and subjects) is usually straightforward. Your client has an implicit license to use the photos for personal purposes—a couple can share their wedding images with family, or a company can use event images in internal newsletters. 

As the photographer, you retain the copyright, but your contract typically outlines what usage rights the client receives. 

Issues arise when photos move beyond personal use into public or commercial circulation. For instance: 

• Can the client post images on social media? (Usually yes, but you might request credit.) 

• Can a corporate client use the photos in advertising or public press releases? (Only if this is clearly authorized in writing.) 

Make sure these rights are clearly defined in your contract. Clarify expectations so your work isn’t misused—or misattributed. 

Photographer’s portfolio and social media 

Photographers naturally want to showcase their best work to attract new clients. However, this kind of self-promotion counts as a commercial use of someone’s likeness. 

To protect yourself legally: 

• Include a model release clause in your contract with the main client subjects (e.g., the couple or company). 

• Be transparent about your intentions to use certain images in your portfolio or on social media. 

While this release may authorize use of client images, it does not extend to other individuals in those photos who didn’t sign. For instance, guests at a wedding or attendees at an event. 

When curating your portfolio, focus on: 

• Signed clients and close participants 

• Group shots where no single person is clearly identifiable 

• Images where individuals are not facing the camera or are blurred in the background 

These approaches reduce your exposure to right-of-publicity claims. When in doubt, obtain additional model releases—or at the very least, ask permission before publishing. 

For additional guidance on this topic, see: www.jasminestar.com. 

Third-party use (vendors, media, etc.) 

It’s common for vendors—like florists, planners, and caterers—to ask for photos of their work. Likewise, wedding blogs, magazines, or local newspapers may want to publish your event coverage. 

From a legal standpoint: 

• You own the copyright, so only you can license the images to third parties 

• You must ensure that all identifiable subjects in those images have given their consent for third-party usage 

That baker who wants to show off their cake in your photo? If the bride is in the background, her likeness is being used commercially by the baker. A model release is required. 

Some photographers handle this by asking clients in advance if images may be shared with vendors. Most are happy to support other businesses—but it’s courteous and safer to get written confirmation (even via email). 

If a media outlet wants to feature the photos, the use is typically editorial, which has broader allowances. Still, publications often ask for assurance that subjects have consented to publication. Some may require release forms for anyone featured. 

For more details on licensing rights, see: www.gfrlaw.com. 

Selling or licensing photos 

If you plan to sell event photos beyond the client’s initial package, tread carefully. Selling prints or downloads to guests (such as a gallery where wedding attendees can purchase pictures) is fine—it’s personal use. 

But selling images of people to commercial entities (e.g., a stock photo site or for marketing campaigns) clearly requires model releases from all identifiable individuals. 

Most reputable stock photo agencies won’t accept images without releases. Even if they do, you expose yourself to liability. 

The safest approach is: 

• Only license commercially if you have signed permission from everyone shown 

• Avoid using any images of people for profit beyond the event contract without a release 

No image is worth the risk of a right of publicity claim. 

Social media sharing by clients and guests 

Once you deliver images to clients, they’ll likely share them online. That’s expected—and typically encouraged. Your contract should confirm that clients are permitted to share images on personal social media accounts. 

You may include requests such as: 

• Giving photographer credit 

• Not applying heavy filters 

• Not using images for commercial gain (e.g., submitting to a contest or using it in marketing) 

However, you still own the copyright, so if someone repurposes your image commercially without permission (like a guest promoting their own business), you can: 

• Issue a takedown request 

• Send a license invoice or cease and desist notice 

In general, encourage clients to post—especially when done respectfully—and gently educate them on limitations. 

Privacy and courtesy in distribution 

Even when you have all the proper rights, remember: just because you can post a photo doesn’t mean you should. Use discretion: 

• Avoid publishing embarrassing or highly personal moments 

• Steer clear of images that might violate someone’s privacy or cultural norms 

• Refrain from tagging people unless you’re sure they’re comfortable with it 

If you’re not sure, ask. A quick message can prevent an upset email—or worse, a legal complaint. 

Using third-party service providers (editors, galleries, cloud services) 

Editing services and assistants 

Many photographers outsource editing, retouching, or hire assistants to help on large shoots. When you do, it’s essential to have these individuals sign a confidentiality or non-disclosure agreement (NDA). 

Why? Because the images they access often include sensitive content: 

• Children 

• Private homes 

• Intimate or emotional moments 

An NDA ensures that subcontractors agree not to share or misuse the photos. Additionally, clarify copyright ownership in writing—by default, you, the primary photographer, retain full copyright. Contractors should not reuse or post your images without written permission. 

This applies equally to second shooters, editors, and album designers—anyone with access to client images. 

Online galleries and cloud storage 

Cloud-based gallery delivery is standard today. Whether you use Pixieset, SmugMug, Dropbox, Google Drive, or similar services, make sure your provider offers: 

• Password protection 

• Encryption 

• Privacy policy compliance 

Reputable gallery platforms allow you to generate private, password-protected links—an essential feature, especially for sensitive shoots like weddings or school photography. 

When using cloud storage, also be mindful of: 

• Who gets access to the links 

• Whether any metadata (like location) is included 

• Whether the service has a clause granting it license to your images (avoid those) 

Data security is key. A breach or accidental exposure could severely damage your business reputation—and in some cases, trigger legal consequences. 

Choose platforms that advertise strong security protocols like end-to-end encryption and two-factor authentication. 

For example, using two-factor authentication on your gallery accounts can prevent unauthorized access even if a password is leaked (see: www.linkedin.com). 

Print Labs and Album Companies 

When sending images to print labs or album vendors, you are transmitting personal data (client images) to a third party. 

Use professional, trusted vendors and check their privacy policies. They should confirm that: 

• Images are used only to fulfill the order 

• Images are not retained longer than necessary 

• Images are not used for marketing without permission 

Occasionally, a lab may ask to feature your work as a sample—such as showing an album at a trade show. In such cases, get your client’s permission before agreeing. 

Even if the vendor asks you directly, if the client’s image is involved, it’s their publicity rights on the line—not just yours. 

Cross-border considerations 

U.S. law does not prohibit storing data internationally. However, if you use a cloud service or contractor based in another country, their laws may apply to your stored data. 

This mostly matters if: 

• A corporate or institutional client requires domestic data storage 

• You work with EU clients, in which case GDPR may apply 

If your clientele is U.S.-based, focus on strong security and transparency. When outsourcing editing overseas, ensure your contract includes: 

• Confidentiality clauses 

• A requirement to follow equivalent data protection standards 

Even if local law doesn’t demand it, your reputation and client trust are at stake. 

Service provider contracts 

Corporate or institutional clients may ask you to sign a data processing agreement—a clause saying you’ll treat all images and personal information as confidential. 

This is similar to being a data processor under GDPR. While not always required under U.S. law, it’s a good standard to follow. These contracts may require you to: 

• Delete files after delivery 

• Not use images for marketing 

• Limit access only to designated personnel 

Be sure you can comply before signing. If you plan to retain images for your portfolio, negotiate that usage upfront and confirm it’s permitted. 

When working with schools or government agencies, assume your contract may come with specific obligations about data handling.  

In short: when you bring in third-party tools or people, you extend your legal responsibilities. Vet them carefully, use written agreements, and stay in control of your clients’ data. If a service mishandles a file, your client may still hold you accountable. 

Are photographers “data processors” or independent controllers? 

In European law—specifically under the General Data Protection Regulation (GDPR)—a distinction exists between a data controller and a data processor. While U.S. law doesn’t typically use these terms, it’s helpful to understand their equivalents to identify your legal responsibilities when handling photos of identifiable people. 

Independent business (controller) 

As a professional photographer, you typically run your own business and control how you collect, store, and use client photos. This makes you similar to a data controller: you decide why and how data (photos) are processed. 

For example: 

• You maintain an archive of past sessions 

• You determine whether to use images for your portfolio 

• You choose cloud platforms or storage methods 

• You define how long photos are kept, and who can access them 

With this level of control comes responsibility. You should: 

• Implement privacy practices (e.g., data encryption, limited access) 

• Not share or publish images without proper consent 

• Honor client requests to remove or restrict images 

• Consider posting a privacy policy explaining how you handle personal data 

Even though it’s not required by most U.S. laws, acting like a controller helps you align with best practices and protect your business. 

Service provider (processor) 

Sometimes, however, you may act more like a service provider processing data on behalf of another entity. In this case, you don’t control the data’s use—you just fulfill someone else’s instructions. 

For example: 

• A school contracts you to take yearbook photos 

• A company hires you to photograph employees for ID badges 

• A hospital asks for staff portraits to update its intranet 

Here, the client decides what images are taken, how they are used, and who can access them. You are simply the provider of a specific deliverable. This makes you akin to a data processor. 

In these scenarios: 

• Don’t use images beyond what the contract allows 

• Don’t post the photos on your website or social media unless explicitly permitted 

• Treat all data with strict confidentiality 

Some clients may include contract clauses requiring you to: 

• Delete all images after delivery 

• Avoid backups or storage outside their system 

• Not allow third parties to access files 

Read such clauses carefully and ensure you can comply fully. 

Independent contractor vs. employee 

As a photographer, you’re typically an independent contractor, not an employee of your clients. That means: 

• You are not shielded by the client’s internal policies or liability insurance 

• You bear the full burden of any legal exposure related to the job 

• If you mishandle client data, you cannot claim “I was just following orders” 

This makes it essential to: 

• Use business insurance, including coverage for privacy violations or cyber risks 

• Draft strong contracts that clarify your responsibilities and boundaries 

• Understand the data practices you agree to before taking the job 

Clarify ownership and responsibilities

One final consideration is ownership—under U.S. copyright law, the photographer automatically owns the images they create, unless otherwise agreed in writing. 

That means you typically hold: 

• Copyright over all images 

• The ability to license or restrict usage (unless you assign rights away) 

This is separate from privacy or data protection rules. You might own the image, but you still need consent to publish it, especially for commercial use. 

If a corporate or government client demands full ownership of the files, price that accordingly—because you’re giving up both creative rights and data responsibility. 

In summary: U.S. photographers operate in both roles. You may be a controller when working with personal clients (e.g. weddings, portraits), and a processor when serving institutional ones (e.g. schools, companies). 

Regardless of which hat you wear, it’s your job to: 

• Respect individual privacy rights 

• Comply with data handling terms 

• Use written contracts to define your role clearly 

Summary of best practices and legal risk mitigation 

In the United States, event photographers must navigate a nuanced legal landscape that balances creative freedom with personal rights. To operate responsibly and avoid liability, it’s essential to prioritize consent, transparency, and data security at every stage of your work. This means obtaining written permission wherever possible—especially for any public-facing use of images—and treating private events or school photography with an extra degree of care. As a photographer, you’re not just documenting moments; you’re being entrusted with people’s personal lives, sometimes in their most vulnerable or emotional states. 

From a risk management standpoint, prevention is the best safeguard. It’s far easier to request a signature or remove an image upon request than to face a legal dispute or lose a client’s trust. Keeping key legal principles in mind helps: while photography in public spaces is generally lawful, publishing or commercially using those images typically requires permission. When photographing minors, parental or guardian consent is a must. And in the digital age, your workflows should reflect strong privacy standards—using secure storage, controlling access, and partnering only with trusted third-party providers. 

Ultimately, being a legally conscientious photographer enhances your professionalism and your reputation. Clients will appreciate your clear communication and commitment to respecting their rights. It’s not about being overly cautious or rigid—it’s about being prepared, respectful, and trustworthy. When in doubt, seek legal advice from a professional experienced in media or photography law to ensure your contracts and practices offer the right protections. 

By approaching your work with both creativity and legal awareness, you’ll build a business that not only captures memories—but also protects everyone involved.