girl I captured at the bar

Posted by SleepingWolfe

"In Canada the privacy laws are very strict, I know in Quebec it is not allowed to photograph without permission for public display - this is one of the reasons I photograph buildings and animals although I would love to shoot (photograph) street people (homeless or otherwise)"

I too have always wanted to a photojournalistic piece on homeless and street people, I really would like to know if this can be done without release forms.

I think the freedom to shoot the plight of the homeless and people living on the streets could potentially go a long way towards an understanding of the condition...Create a well documented case to boost public awareness and perhaps help find solutions to this otherwise too often ignored epidemic.
 
I think its a good idea to be extra careful here, we dont want any outside pressure on our beloved forum !!!

I would say to try to make sure they are in public view from a public property when shooting, that way we will never get in trouble !!!!

gotta pick our battles.... like with security guards...uuggg
 
One year at Halloween my kids went up to trick or treat at this guys house and he took pictures of them. I thought it was odd... so I did a LOT of research on this topic, and here is what I came up with:

The bottom line is except in certain situations (government buildings perhaps) there are NO laws in taking photographs on public OR private photography.

The rule seems to be if you can be there, and they haven't specified that you cannot take pictures (like in a theater) then you can snap away! That would include bars.

Furthermore, trespassing and taking pictures are seperate things in the eyes of the law.... So even if you are trespassing, you can USUALLY take pictures. One is illegal, the other is not.

While people have a right to privacy (you cant use a zoom lens to capture someone taking a picture where they ASSUME a certain amount of privacy) business do NOT.

EVEN MORESO... photographers can publish anything they take as long as it doesnt violate privacy, or use someone elses likeness to make MONEY. (You cant take a picture of a girl and use it in an ad campaign. The law says that her image is making you money.).

The rule here is "expectation of privacy". When someone is at a bar, they lose this right. ALTHOUGH you cannot take a picture of one of your customers, say a famous person, and then advertise that person using your product as endorsement. (again, making money from someones image).

So again the bottom line is, if I can walk into a building freely, I can take pictures of whatever I want. I can also publish those pictures as long as it doesnt violate the privacy or commercial rights of anyone in the picture.
 
What the OP did was not illegal. It was unethical. He photographed a young couple partying in a bar, apparently, because he considered the young lady to be attractive, not because he thought the image was particularly praiseworty. Since he made the shot without permission he had an ethical responsibility not to show it publicly and showing it on this forum is public enough. It was a good lesson for him. No harm done, luckily.

To the OP, you may want to consider hiring a model or two for shoot. They are often attractive and, unlike amateurs in a bar, they are experienced and good at being photographed. They know what they are doing and can probably help you get through it with some good images. Or you may want to photograph an attractive young lady that isn't a professional model. At least you will know that you need to ask before you shoot.
 

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