Do I need to get a permission to shoot this?

Discussion in 'General Shop Talk' started by photographyfanatic, Apr 4, 2009.

  1. photographyfanatic

    photographyfanatic TPF Noob!

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    If I go to an event, like a school baseball game, a dirt bike race, a swim meet, ect.., shoot pictures there and then post them to my website with the purpose of directing the parents and athletes there to view and hopefully buy prints, do I need their permission to take their picture? Do I need the consent of the parents to shoot and post pictures? Anyone have experience with this? Thanks


     
  2. skieur

    skieur TPF Noob!

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    Generally speaking an event in a public place can be photographed and the photos posted in most areas of the US and Canada.

    If however you are on school property and a school rep. says No Photos, then you are trespassing if you continue to take pictures. Even in this situation, you do not require permission to take photos and can assume permission untill and unless you are told otherwise. Even then the photos taken are still your property.

    I have never had any problem shooting school events, printing shots, and displaying and publishing them without releases. By the way, one factor complicating the issue is that parents and schools are as much unaware of the laws in this regard as anyone else.

    skieur
     
  3. Blank

    Blank TPF Noob!

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    The short answer is NO. You do not need permission as long as your stated intent is just how you described.

    The complex answer is (consult a lawyer for legal definition), common courtesy will at minimum have you let the organizer - principal - coach - anyone you think should be told, you are there as a freelance photographer covering the event. In this overly sensitive age (with every right to be!), photography is on the verge of a black cloud art or profession. An increasing number of people are becoming suspicious of individuals with any camera that resembles something more than a regular store bought point and shoot.

    If you are approached, do not cause conflict, do not state "this is my right" kind of lines, be polite and if a parent asks you to not photograph their child, simply oblige. Chances are, they will eventually look at your work and change their mind at future events.

    If an organizer approaches you, follow the same tactic above. If you are approached, chances are you have done something to draw their attention (been in an area you shouldn't have been, complaints from athletes if your flash affects them, etc). This paragraph alone could spark an entire "photographers rights thread", I dont want to get into. Just be courteous and ask orghanizer's, etc, if you can be there.

    If you are approached by another photographer who is there for the same reason and you have gained permission to be there, get their business card, best know what your competition is. Now, if they are hostile towards you, you have no choice but to duke it out to the death! (i'm kidding).

    If your intent is to photograph a person or persons for commercial intent (advertising a consumable item with a recognisable face/person), you not not only need permission, but also a model release).

    I have the shortest fuse in history, but as a working freelance photographer, I have quickly realized that displaying aggressive gorilla tactics to people/persons who are simply asking what I am doing, will get me nowhere, when it comes to selling prints.
     
  4. skieur

    skieur TPF Noob!

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    Agreed. There are lots of different potential situations depending on where you live and the nature of the particular event. I have been to some where there are photographers all over the place, including journalists and tv people and the pros keep out of each other's way and there are absolutely no problems.

    As you point out, the important aspect is to try and be tactful and polite and avoid anyone is openly hostile (a rare but possible occurence).

    skieur
     
  5. Chairman7w

    Chairman7w TPF Noob!

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    That is a great post, Blank, thanks for all the useful info.

     
  6. SwitchFX

    SwitchFX TPF Noob!

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    Make sure to get parent permission! There was a huge lawsuit in California a year ago of some company who posted shots of kids under 18 at high schools. Poor kids got scared to death with whatever creeps that company was.
     
  7. skieur

    skieur TPF Noob!

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    Without the details, I would ignore the California law suit anyway, but, particularly if you are NOT in California.

    skieur
     
  8. SwitchFX

    SwitchFX TPF Noob!

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  9. roadkill

    roadkill TPF Noob!

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  10. skieur

    skieur TPF Noob!

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  11. itznfb

    itznfb TPF Noob!

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    i'm guessing the point was that once the pictures are on the internet anyone can come along and use them for whatever purpose suits them. which may not be in the best interest of the subject.
     
  12. skieur

    skieur TPF Noob!

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    Photos can be taken of anyone in a public place in the US. No permission is required. Any advertising use of such photos however requires a model release. Use that negatively affects a person's reputation could be considered defammatory. The use mentioned would seem to be advertising in that it promotes the gay lifestyle and perhaps defammatory in that it implies that those in the photos are gay when that is probably not the case.

    No one can use a photo on the Internet for whatever use that suits them.
    The laws related to publishing and display still apply to the web, as well as less directly related laws such as defammation.

    skieur
     

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