Rules on street photography

[DiskoJoe]

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?

If a cop tells you to stop then stop. Same goes if someone says stop or they will kick your ass. Other then that your pretty much good when in public. Try to look friendly and smile. Dont be sneaky looking. Just be honest about what you are doing and you wont creep people out.

 

[480sparky41 40]

..... 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

Oh, do tell. Address & city.... Or GPS coordinates.

 

[The_Traveler]

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.

Selling in a gallery is not 'commercial' use and doesn't require a model release.

 

[480sparky41 40]

Suffice it to say the OPs question is far too ambiguous and laws vary from region to region. So there is no one, single answer.

 

[KmH]

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

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!

Yeper!

Check out - http://en.wikipedia.org/wiki/Nussenzweig_v._DiCorcia

 

[KmH]

It's even more complex, because you only need model releases for 'recognizable' people.

Be aware that unique clothing, tattoos, scars, or other features can make a person recognizable even if their face cannot be seen. And, it's usually the person in the photo that decides if they are recognizable or not, though the final decision is often made in court.

 

[skieur]

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

skieur

Is this a worldwide rule?

In the US, Canada, England, Australia and many other western countries, yes.

skieur

 

[skieur]

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

Wow, On top of everything else, you don't know the law either in the US.

skieur

 

[skieur]

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

Not necessary, unless you are using the photo for advertising purposes.

skieur

 

[skieur]

It's even more complex, because you only need model releases for 'recognizable' people.

Be aware that unique clothing, tattoos, scars, or other features can make a person recognizable even if their face cannot be seen. And, it's usually the person in the photo that decides if they are recognizable or not, though the final decision is often made in court.

You may or MAY NOT need model releases but that depends on the USE of the photo, but you can still take the shot irregardless. The "recognizable" people issue is only a concern if you take a shot of some prominent citizen in front of a porn store for example. Not very likely for most street shooters.

skieur

 

[skieur]

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.).

In North America, you can take and publish photos in a public place without any permission legally. For advertising purposes however, a model release is necessary,...as in selling a product.

skieur

 

[skieur]

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.
.

NO, there was a case in New York, where SALE to a gallery did NOT require a model release or the permission of the subject in a large lawsuit. Artistic/gallery use for payment or not is permitted of a shot taken in a public place without permission.

skieur

 

[3Ddeath]

I find i'm bound by my own ethical reasons a lot more than the law, within the rules of the law in my area i can take a photo of any person in public which includes police, children ect and they aren't legally allowed to ask me to remove it as the photo is my property after its taken.

Ethical I stay away from children street photography and I have no problem taking photos of regular people on the street, but if I get any hint that someone doesn't want a photo or asks for it to be deleted I will do that kindly, but if they are rude enough I might just take a stand against it.

I find it takes a bit of street photography experience to learn the types of people that might be a bad idea to photograph, i'm still learning, I don't mind a little bit of confrontation from people and I feel it acts as a critique of your behavior on the street.

And that goes for how you'd want to be treated on the street, if you don't want your photo taken...

 

[unpopular]

skewer, meet my friend here, his name is multi-quote.

 

[skieur]

I find i'm bound by my own ethical reasons a lot more than the law, within the rules of the law in my area i can take a photo of any person in public which includes police, children ect and they aren't legally allowed to ask me to remove it as the photo is my property after its taken.

Ethical I stay away from children street photography and I have no problem taking photos of regular people on the street, but if I get any hint that someone doesn't want a photo or asks for it to be deleted I will do that kindly, but if they are rude enough I might just take a stand against it.

I find it takes a bit of street photography experience to learn the types of people that might be a bad idea to photograph, i'm still learning, I don't mind a little bit of confrontation from people and I feel it acts as a critique of your behavior on the street.

And that goes for how you'd want to be treated on the street, if you don't want your photo taken...

Don't forget that there are multiple methods for doing street photography and I have probably used them all.

1. Pick an event or a tourist destination where everyone has cameras out. No one will even notice you.

2. Pick a location, use telephoto.

3. Shoot from the waist with live view.

4. Use a wide angle prime for minimum distortion and shoot close in with a quiet shutter/mirrorless camera.

5. Shoot from the shade into a sunlit area. (No one will notice.)

6. Preset your camera, shoot and move on.

7. Face detection and auto subject tracking are useful camera features for razor sharp autofocus and exposure.

skieur