Rules on street photography

revenater · Sep 4, 2012

what is the rule or law when it come to shooting shots on city streets? There is a festival in my home town this weekend and I am wanting to take some shots but I was unsure about photographing strangers without permission. The festival is on the city streets and city square am I safe to photograph people?

skieur · Sep 4, 2012

You are allowed to legally take photos of anyone in a public place without permission.

skieur

3bayjunkie · Sep 4, 2012

skieur said:
You are allowed to legally take photos of anyone in a public place without permission.

skieur

Is this a worldwide rule?

PhotoWrangler · Sep 4, 2012

you need to get model releases from ever person you photograph whether they are the focal point or just in the background...

3bayjunkie · Sep 4, 2012

ChristopherCoy said:
you need to get model releases from ever person you photograph whether they are the focal point or just in the background...

Cant you just get a blanket release that one person would sign on everyones behalf

revenater · Sep 4, 2012

even if they are in a parade, I need a release?

TransportJockey · Sep 4, 2012

No you do not. People in a public place generally are thought to not havw any reasonable expectation of privacy

Sent from my left big toe

zombiemann · Sep 4, 2012

Laws vary from state to state, city to city. What is true for me is not 100% sure to be true for you. I am not a lawyer, nor should anything I post be construed as "legal advice"

"Generally" speaking if you can see it from public property it is fair game. For specifics relating to your locale I would recommend a consultation with an attorney, if you are truly concerned with the legality involved.

*hint, but still not legal advice* check out google streetview, do you really think they have a release on file for all of the people you can see? They don't have my signature but I can be seen

revenater · Sep 4, 2012

Zombiemann,
thank you

KmH · Sep 4, 2012

Alas many don't know what 'public property' is, but the key is the concept that people out in public, like a home town festival can have no expectation of privacy making them fair game for photographers taking photos of them.

However, if those photos are going to be used for commercial purposes by 3rd parties, it's a good idea to have releases on file from the people in the photos.
That is based on the legal definition of commercial use, and does not include selling prints of the photos, which is an editorial use of the photos.

ewick · Sep 4, 2012

From what I heard and experianced it is pretty much fair game if they are in public but it is polite to ask if they are with in range of asking. They are most likely going to ask you who you shoot for and if you don't shoot for anybody it might get akward for you. if you are shooting with a big zoom lens the majority of the time they wont even know. its a case by case judgement call. good luck.

unpopular · Sep 5, 2012

TransportJockey said:
No you do not. People in a public place generally are thought to not havw any reasonable expectation of privacy

KmH said:
That is based on the legal definition of commercial use, and does not include selling prints of the photos, which is an editorial use of the photos.

While in public I don't have the right to privacy, I do have a right to control how my image and likeness will be used. It's one thing to say: Unpopular was at this parade drinking a coke. It's another thing to use my image to sell a product that, or in a way that, I may not endorse: Be a dirty hippy: Drink Coke!

LaFoto · Sep 5, 2012

I haven't read through the replies before me, but even in my country, where rules are a bit stricter than in the States, you could photograph all you liked when there's a festival or circus or any kind of public event coming to town/taking place. Whoever goes there just runs the "risk" of ending in someone else's photos and cannot do a thing against it, not even against those photos being published (which is where the stricter German regulations come into play, for actually - while you may PHOTOGRAPH anyone anywhere out in public - you must not publish in any manner your people photos [like on TPF, e.g.]). Photos taken at public events MAY be published, too.
Like I said: from what I gathered here on TPF, American regulations are less strict. You must not make MONEY with people photos that you took without concession over there, I think. But you may happily publish them (like here on TPF, e.g.).

gsgary · Sep 5, 2012

Only rule for street photography is get in close, but there are no rules look up Bruce Gilden on youtube or Joel Meyerowicz

TCampbell · Sep 5, 2012

Whether or not you need a release depends on what you plan to do with the photo after you take it. If these photos are just for your personal use (and that includes sharing them with friends, posting them online, etc.) then you don't need a release.

If you plan to SELL the photos (e.g. you want to sell them in a gallery, or you want to post them on a stock-photo site for someone to buy who may, in turn, use them in an advertisement, etc.) THAT'S when you get to the point where a release may be necessary.

Even then... the laws can vary and it often depends on who you photographed, whether they are "recognizable" and ultimately even "why" the photo is interesting (is the photo of the person in the park playing frisbee with their dog interesting because the action of playing frisbee in the park made the photograph interesting... or is it interesting because it was a famous notable person who happened to be playing frisbee with their dog?) If the photo would have been as interesting regardless of who was in it, then in many jurisdictions you still may not need a release even if you plan to use the image to engage in some form of commerce.

The reality is, however, that even if the law is on your side (you're legally entitled to use the image the way you intended to use it without obtaining a release) that doesn't necessarily mean the other party knows the law. They may still hound you, try to extract payment from you (sue you in court) for which you'd then need to hire an attorney and basically you end up paying money to defend yourself even though you didn't break any laws. That's why some photographers (and most all stock photo sites) want releases whether they are legally required to have them or not.

But if you're not going to engage in any form of commerce... click away!

I was at an ice sculpting event a couple of years ago and, out in the area of the park where the ice-sculpting was taking place, they had signs posted everywhere that indicating that you were entering an area where many photographers were working and by entering that area you were agreeing to allow any photos in which you may appear to be used for commercial purposes.