consent - ethic/legal question

Discussion in 'Photography Beginners' Forum' started by Sqiud, Dec 14, 2009.

  1. Sqiud

    Sqiud TPF Noob!

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    I haven't really been able to find anything for certain on this, how are the laws and ethics around photographing people that don't know and may never know, or consent, and what about selling prints of them small scale? And I know in crowds it's okay right?

    Thanks

    **edit, to clarify, the photography takes place in public areas**
     
    Last edited: Dec 14, 2009
  2. SomeBoy

    SomeBoy TPF Noob!

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    I think it is accepted to take photos of peoples without their knowledge unleash you are espionage them. :D
     
  3. Sqiud

    Sqiud TPF Noob!

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    ooh ok, well I clarified the post with an edit :)
     
  4. RancerDS

    RancerDS TPF Noob!

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    Someone posted a consent form on a previous thread on this site. That is if you clearly have a person as the central subject of your photograph. In street photography, it's fairly safe. If you go to weddings, fashion boutiques, receptions, private parties and/or special events; photographing the central non-public figure(s) usually means you will need a release signed to "sell" them to certain agencies outside of "journalistic" printings. If the photos are part of your own public display of your portfolio, then no.

    Am sure that is clear as mud. But it doesn't mean they can't file civil suit against you to cease and desist or get their share of the proceeds. It is still polite to ask if you can take people's photos, to get their verbal assent.
     
  5. manaheim

    manaheim Jedi Bunnywabbit Staff Member Supporting Member

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    Oh look, it's this question...

    You can shoot anyone you want as long as they have no reasonable expectation of privacy. So can you shoot them on the street? Yes. Can you hang on a tree branch and shoot them in their living room? No.

    Once you have the shot there is a question of acceptable usage. You can use them for artistic purposes (which includes selling the image), but you cannot use it for commercial purposes (advertising). To do the latter, you would need a signed model release, of which there are many examples available online.

    Laws vary state to state and country to country. I am not a lawyer, nor do I play one on TV. If you are unsure, consult an attorney.
     
  6. Stamp

    Stamp TPF Noob!

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    Good thread.. I was wondering the same thing... Seems Manaheim cleared it up pretty well.
     
  7. Pugs

    Pugs TPF Noob!

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    Manaheim nailed it. I'd only add that journalistic purposes are allowed as well as artistic without a consent form.

    This question pops up every week or two here on TPF and a quick search would have come up with the answer.
     
  8. Village Idiot

    Village Idiot No longer a newbie, moving up!

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    Editorial uses. Covers journalism and most other uses.
     

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