Curiosity Question, posting pictures with/without subjects consent

[wacky941]

I posted a similar question on another forum and I received some varied responses each with very useful information.

When viewing photos on this forum, there are "street shots" of people doing their own thing, living their own lives, many don't have a clue that their picture is being taken.

My question is, after the picture is taken, do you get consent from the subject prior to posting the picture here on this forum or any other social media website? Or, do you just post it without consent?

I've had pictures of me taken in the past while I'm in the middle of my normal work day and even some when there were group photos taken with me in them. In some cases, I have been sought out for written permission to post before the pictures were posted and at the same time many have not asked permission. Me personally, I really don't mind because I'm not doing something that could be questionable or illegal however, there are many out there that don't share that opinion.

I am curious about this because there are pictures that I have taken in the past that I wouldn't have a clue as to how to track the subject(s) down to gain permission. None of the pictures I have would I consider to be obscene, vulgar, compromising or even unfit for print but, I sometimes wonder if the subjects would consider it an invasion of privacy?

Where do you draw the line? What is the criteria that you use to help you decide whether or not to post a picture?

 

[tirediron]

For Canada & the US (and most countries based on British Common Law) it depends primarily on where the image was taken and what the intended use is. For instance, if the subject is in a public place (no reasonable expectation of privacy) and the use is journalistic/artistic (You're a street photographer displaying the image in your portfolio) then no permission is needed. If the use is commercial (you're going to use the photo to advertise a product) then permission is required.

 

[vintagesnaps]

I think it's good when possible to get a release signed if you think you might ever use the photo for some purpose besides personal use. ASMP has a 'pocket' release form and an app - you don't have to be a member to use many of their resources.

Another guideline is usually how recognizable the subject is. If not, you may not need a release. It can be clothing, tattoos, etc. not necessarily the face that's recognizable if it's unique enough to identify the person.

I've done sports and what I've known to be happening in recent years is that while for editorial use (such as a newspaper) a release/permission isn't needed, it may be requested by a media outlet before they'd consider using a photo. In sports I've found that teams, arenas, etc. are making an effort to protect their player images and usually restrict cameras or lenses. So fans can take pictures for personal use but not for retail/commercial use (such on a T shirt, to sell and make money) without a release/permission.

As a photographer I try to treat people in a respectful way.

 

[wacky941]

I think it's good when possible to get a release signed if you think you might ever use the photo for some purpose besides personal use. ASMP has a 'pocket' release form and an app - you don't have to be a member to use many of their resources.

Another guideline is usually how recognizable the subject is. If not, you may not need a release. It can be clothing, tattoos, etc. not necessarily the face that's recognizable if it's unique enough to identify the person.

I've done sports and what I've known to be happening in recent years is that while for editorial use (such as a newspaper) a release/permission isn't needed, it may be requested by a media outlet before they'd consider using a photo. In sports I've found that teams, arenas, etc. are making an effort to protect their player images and usually restrict cameras or lenses. So fans can take pictures for personal use but not for retail/commercial use (such on a T shirt, to sell and make money) without a release/permission.

As a photographer I try to treat people in a respectful way.

Excellent post! I was never aware that an app existed. I'm gonna see if I can find that app and that way I can always have it available if I ever need it. Thank you for that.

This is exactly why I started this thread, so that I can better educate myself and hopefully others that may not have ever thought about the possible problems that might arise when posting photos.

I just thought of something else, how would all this apply to a structure, something like a private residence?