Displaying candid photos on a web site

[AluminumStudios]

I was on vacation at the beach last week and took a few candid shots of people playing in the waves and a few children playing in the sand and on the beach.

Naturally, without a signed release these photos can't ever be used for anything (nor would I want to use them for anything as I was just liesurely having fun with photography.) But a few of them came out really nice and I would like to put them on my web site with my other photos just because they are nice photos and examples of photography I can do.

Having not spoken to anyone in the shots (or the parents in the case of the children playing in the sand) would this be unethical? I don't want to intrude on anyone's privacy. But can it even be considered intruding on privacy when your photo is snapped in a busy public area of a vacation destination?

Just to clarify, none of the photos are disrespectful of embarasing to the subjects in any way.

I'd love to hear your thoughts and opinions please.

 

[rmh159]

In my opinion... if you're just using the pics to show off on a website... I don't think I would worry about it. This is probably somewhere in the grey area of what's ethical and what isn't. So on one hand if you're not profiting from it or exploiting the subjects it's probably not that big of a deal... but the fact that we're even having this discussion probably implies that you probably should've at least asked permission (especially of the children) if for no other reason than a courtesy.

 

[ksmattfish]

I don't want to intrude on anyone's privacy.

As long as it was a public location, or private location where photography is allowed, you were open in your act of photographing, and you aren't going to use the photos in a commercial or exploitive manner then I don't think it's an intrusion of anyone's privacy.

If one of the subjects were to ever object, you could probably solve the problem by taking the photos off your website upon their request.

 

[AluminumStudios]

ksmattfish - That's right, it was an open area and I'm just interesting in displaying some nice photos that I took (not any other purpose.) If anyone did complain I would promptly remove the images with appologies.

 

[JamesD]

I recall a story I heard somewhere...

A photographer was shooting some commercial work for a travel brochure. He took some photos of one of the scenic tourist locations, including the people there, and they wound up in the brochure.

A few months after publication, he received a letter from the lawyer of a family who appeared in one of those shots, informing him that they were going to sue him for using their likenesses for commercial purposes without a release and without compensation. Somehow, they had seen the brochure, recognized themselves, and saw the road ahead paved with money.

After a bit of back and forth, the photographer finally offered to settle out of court. He'd send them 50% of what he was paid in return for dropping the case. His lawyer sent this to the complainants, and they accepted the offer, imagining that it would sufficiently increase their wealth.

He wrote them a check for something like $150, and never heard back from them again.

Perhaps this story doesn't really apply, but I thought it was a bit entertaining.

 

[craig]

I make it a point to tell the people in the frame that they have been photographed. The shot may be used commercially or privately. If they even have even the slightest problem with that I will delete the photo.

Not like the subject is ever going to know, but I like to keep things honest from the start.