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Legal concers on street photography


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I am new to street photography, and have some legal concerns.

 

What are the legal implications by taking pictures of people on the

streets. Should you ask if they like to pose, or releasing the

shutter without their permission is illegal. In case of publication

of such a photo, should the photographed person, be notified?

 

thanks in advance

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Buy "Legal Handbook for Photographers: The Rights and Liabilities of Making Images" by Bert Krages. The short answer is you can take anyone's photo in a public place where they are also in public view, and you can publish their photo in a book of street photography without their permission (or post it on your web site). You can't use it to sell something, however.

 

If you're asking the question, you should buy the book...highly recommended.

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Since you are new to street photography, what you <i>really</i> need to learn is how to deal with people; avoid conflicts, start conversations, blend in with crowds, conceal fear, etc. Try different approaches such as being stealthy, meeting them, letting them walk through the frame, shooting from the hip, etc. If you approach street photography from the perspective that what you are doing is immoral then you ain't gonna get far.
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As with any other legal matter it depends a lot on what country you are photographing in. Laws on this matter in different countries ranges from outright forbidding street photography whithout the explicit permission of all recogniseable persons in the photograph, to basically anything goes unless the pictures are either used commercially or the pictures are making a false negative impression of the people in the photograps.
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...just go to New Orleans during Mardi Gras. Take lots of film, and shoot to your heart's content. The whole city is open for street photography and then some!

 

 

(Usually, if the subject is not in a demeaning position or involved in a strange act, the chances of problems in street photography are next to none. You may have to retreat once in a while....)

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<I>...just go to New Orleans during Mardi Gras. Take lots of film,

and shoot to your heart's content. The whole city is open for

street photography and then some! </I><P>

 

The French (or is it Freedom now) Quarter is a great place for

street photos. But, at night be very careful - as there are a ton of

people drinking $1 huge-ass beers. In a 2 hour period I was

yelled at 3 times and bopped on the head - an assault. And this

was NOT from taking snaps of women lifting their tops for beads

- which, oddly, would probably have been OK.<P>

 

Which gets to Emre's excellent advice - I probably would have

been less noticeable and fit in better if I had one of those beers

in one hand while shooting...<P>

<P>

 

<center>

<IMG SRC=

"http://pages.sbcglobal.net/b-evans/NOrleans/image/swirl.jpg">

<BR>

<I>Bourbon Street ©2003 Brad Evans</I>

</center>

www.citysnaps.net
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I've been going to New Orleans since 1999, never had a problem to date.

(Could be I'm meaner looking so the 'attacks' are on someone else?)

 

Here is a shot taken with a AF 70-210mm f4~ Nikkor...the street was Canal before the parades started.<div>0052CZ-12563184.JPG.b7868959f3a1e87c2e36255776f880fd.JPG</div>

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<I>thnx for your respones, very helpfull. I think that the right thing to do is to notify the person involved in some way if the photograph si commercially used. But that's not my game.</I><P>

 

<B>NO!</B> You don't "notify" them if it's commercially used - you get a SIGNED MODEL RELEASE from them BEFORE it's commercially used.<P>

 

The other thing you need to take away from this discussion is that, even though TAKING people's pictures on the street is technically legal, it ROYALLY pisses some people off. If you are going to shoot strangers on the street without first asking their permission you should either be a real fast talker, big and strong and good at self-defense, or a fast runner.

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<I>If you are going to shoot strangers on the street without first asking their

permission you should either be a real fast talker, big and strong and good at

self-defense, or a fast runner.</I><P>

 

Or, smile and nod if you are discovered. Works for me 99% of the time.

www.citysnaps.net
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"NO! You don't "notify" them if it's commercially used - you get a SIGNED MODEL RELEASE from them BEFORE it's commercially used."

 

If you use/plan to use your work commercially, the most efficient way is to have a signed release form BEFORE you take pictures! Remember that any compensation for the model would be best stated/negotiated in advance(time for prints for instance).

 

For the rest i think most is allready said, you can shoot anything in public, publish non-commercially as a basic rule. There are obviously ALOT of exceptions, especially when someone could take offence by the way you took their picture and similar situations(common sense rule).

 

As for how to avoid confrontations while shooting in the streets, just look like a tourist, works all the time. And keep a small booklet with some of your pics in your pocket in case you want to convince someone they should pose for you.

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  • 10 months later...

<<If you are going to shoot strangers on the street without first asking their permission you should either be a real fast talker, big and strong and good at self-defense, or a fast runner.

 

Or, smile and nod if you are discovered. Works for me 99% of the time.>>

 

Trust me, take snaps of me or my family without asking permission and you won't be smiling. You'll need a colonoscopy to find your camera. When I travel I restrict my people photography to people in public service positions, such as vendors, waiters, taxi drivers and hundreds of other occupations. Plenty of photo-ops there and never a complaint--these people depend on tourists for their living. And I *never* take pictures of children in the USA. Playing intrepid street photog isn't worth having some minivan-mommy sick her Rottweiler on me or have me arrested as a pedophile.

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John Sidlo's advice is best. If that's the book I think it is, it was written by a lawyer, so you know you're getting accurate info.

 

My thoughts on the subject. If you're in a public place, you can take pics of anybody you want to. Will they get mad sometimes..........yep. Just be nice when you answer them...and stand your ground that you are within your rights to take the pics. At least in the USA. Its really that simple. You ARE within your rights. It is perfectly legal. They can scream and yell at you all they want, but it is still legal. When they intiate force against you, then you call a cop.

 

But, i'll tell ya something...........most people dont take it that far. you will learn to figure out which ones would take it further eventually. The rest........just smile, be polite, answer their questions calmly, explain that you take pics of anything that looks interesting to you while you are walking around. Thats called the "pursuit of happiness"..doing something you enjoy doing, that doesnt harm anybody else..and there is a rather famous document that says you have the right to pursue that in the USA.

 

dont be an asshole about it either....if they say no before you push the button, then stop. But unless they actually say stop, i just keep on. there are a few people that i dont shoot though, but they are the type that would give me problems even without the camera if i looked at them too long..........drug dealers, gang members, etc. Children and parents are not on my list, however. I have no intent of doing them any harm...........and I refuse to be responsible for what they think I might do..........thats their problem, not mine. And the last time I checked, the laws agree with that. Besides, where do you draw the line............eventually, youll be worried about what everybody will say if you shoot their pic........

 

im rambling............you get the idea

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