Kids on Set Doesn’t Have to Be Scary. You Just Need to Do Your Homework
A small but important note: while I’ve done my best to make this guide as accurate and useful as possible, I’m an interior stylist- not a lawyer! This post is meant to give you a helpful starting point, not a substitute for proper legal advice. Rules around child licensing, GDPR and safeguarding can change, and the specifics of your situation may vary. Please always check with a qualified legal professional and your local council before you shoot.
A practical guide for anyone commissioning a photoshoot featuring children
I recently had a call with a potential new client who makes kid’s products. We were chatting all about how we could shoot the products as stills and in use. Now, the thought of working with kids fills many with dread, but it doesn’t have to. They bring so much life and energy to a product shoot – and their hands are so small and squadgy! Perfect for bringing a ‘real life’ feel to your imagery. But what are the rules?
Before you book that studio or call in your team, there are some things you need to know to ensure your shoot runs smoothly, legally and with the kid’s welfare at the heart of every shot.
Here’s what every brand needs to sort out before you shoot with children.
1. Get a Model Release Form: Non-Negotiable
A model release form is a signed legal agreement giving you permission to use a child’s image commercially in advertising, on your website, in print, on social media, anywhere you specify.
Because children cannot legally consent for themselves, this form MUST be signed by their parent or legal guardian.
Your model release form should clearly state:
- What the images will be used for
- Where they’ll appear (website, social media, print ads, billboards/advertising etc.)
- How long you’ll have the right to use them
- Whether the images can be edited or cropped
- Who owns the images after the shoot
You can find template model release forms online, but for commercial shoots, it’s strongly advisable to have one reviewed by a lawyer or drawn up professionally. A form that isn’t watertight can cause serious problems further down the road – especially if the brand wants to repurpose images in new campaigns at a later date.
2. Child Performance Licences: Who Needs One?
This is the area that catches most brands out. In the UK, any child involved in commercial modelling or a photographic shoot is classified as giving a “performance,” and that means licensing rules apply.
The four-day rule
There is a limited exemption: if a child has not performed or modelled commercially more than four days in the previous six months, they can take part in a shoot without a licence.
This is sometimes called the “four-day rule.” After that fourth day, a formal child performance licence is required for any further work.
If you’re thinking of using a friend’s child who has never modelled before, this exemption may well apply, but always check with their local council first to confirm. It’s also worth checking whether the four days can be broken into half days, as this isn’t entirely clear in the guidance, and the local council will be able to advise.
Applying for a Child Performance licence
If a licence is needed, it must be applied for through the child’s local council (their local education authority) at least 21 days before the shoot. You’ll need to provide details including the child’s age, the nature of the shoot, the dates and location. Councils also have the power to issue exemption letters where appropriate.
One important note: the responsibility for ensuring that all children on a shoot are properly licensed sits with the client- i.e. the brand commissioning the shoot. Penalties for non-compliance can include fines of up to £1,000 and even a prison sentence. This is not an area to cut corners on.
3. How Long Can Children Be on Set?
Children can’t work the same hours as adult models, and UK regulations set strict limits depending on their age. These cover both total time at the location and time actually spent on camera or performing.
As a general guide:
- Children aged 0-2: Maximum of 3 hours at the location
- Children aged 2-4: Maximum of 5 hours at the location
- Children aged 5-8: Maximum of 8 hours at the location, with no more than 3 hours on camera
- Children aged 9 and over: Maximum of 9.5 hours at the location
There are also rules around earliest call times and latest wrap times. Regardless of age, children must be given regular breaks, and ideally those breaks should happen off set or away from the main shooting area.
Always build these timelines into your shoot schedule from the very beginning. A shoot that overruns is stressful enough with adult talent, with children, it can quickly become non-compliant.
4. Chaperones: Who Can Do It?
Every child on a commercial shoot must be supervised by a chaperone at all times, including during breaks. For some children, this means hiring a registered chaperone (licensed by the local council). However, a parent or legal guardian can act as a chaperone for their own child without needing a separate chaperone licence.
If you’re using a child you know personally, and their parent is on set, that parent can take on the chaperone role. They must stay with their child throughout the day, including during all breaks. If you’re working with a child whose parent cannot attend, you’ll need to arrange a registered chaperone, and that cost should be factored into your budget from the start.
5. Data Protection and GDPR
In case you don’t know, GDPR stands for General Data Protection Regulation. It’s the UK law that governs how personal data is collected, stored and used. You might already know it from cookie banners and privacy policies, but it applies to images too.
Under UK GDPR, a photograph of an identifiable person counts as personal data. So when a brand takes commercial photos of a child and stores, publishes, or shares those images, they’re technically “processing personal data”, and that means GDPR rules apply.
What This Means:
- You need a lawful basis to use the images. For commercial photography of children, that lawful basis is parental consent which is essentially what your model release form provides. So the model release form is doing a double job: it’s your commercial usage agreement and your GDPR consent document.
- You need to keep records. The brand must hold onto that signed consent for as long as they’re using the images, as proof they have permission.
- Parents can withdraw consent. Under GDPR, a parent could theoretically ask a brand to stop using their child’s image. A well-drafted model release can limit this risk by framing the agreement as a contract rather than just consent.
What if the child isn’t identifiable in the image?
If you’re only shooting a child’s hands, feet or back and they cannot be identified from the image the GDPR rules around personal data may not apply in the same way. However, this is a nuanced area, and it’s worth checking with a data protection specialist before you assume consent isn’t needed. Don’t guess on this one.
6. Safeguarding: Setting the Right Environment
Beyond the legal requirements, brands and production teams have a duty to create a safe and appropriate environment for child subjects. This means:
- The photographer should never have unsupervised access to children on set
- Shoots should take place in appropriate, professional locations
- Any concerns about a child’s welfare should be treated as a safeguarding matter and escalated accordingly
- All professionals on set should be aware of who is responsible for each child at all times
If you’re working with a children’s model agency, they will typically have their own safeguarding policies in place. If you’re sourcing children independently, the responsibility sits firmly with you as the commissioning brand.
A Quick Checklist Before You Shoot
Before the shoot day, make sure you can tick off the following:
- Signed model release forms from a parent or guardian for every child
- Child performance licences confirmed (or four-day rule eligibility confirmed with your local council)
- Shoot schedule built around age-appropriate working hour limits
- Chaperone arrangements confirmed for every child on set
- GDPR consent documented and filed
- Safeguarding responsibilities clearly assigned across the production team
Shooting with children can produce amazing shots, but it requires more planning and more paperwork than a standard adult shoot. Get the groundwork right, and the shoot itself will be a pleasure- and possibly loud and fun.
If you’re looking to shoot with kids, our professional interior stylists have tons of experience.
Get in touch if you’d like some recommendations.
You can find our interior stylists here.
You can find our interior photographers here
