moeronn

I know most pics posted have been of things other than people, but I'm curious as to people's philosophy/approach to taking pictures or random people on the street. Do/would you just shoot away not caring what people thought? Do/would you ask their permission? Do you just not take pictures of random people?

I wouldn't call myself a portrait photographer, but every once in a while I catch something on the street worth shooting and I have an internal dilema about whether or not to shoot it. This is especially true when dealing with kids.

Thoughts?

NeoChaser

Then you are a street photographer


Kids are always a sensitive subject. In any case, ur successful rate of getting the
pic you want depends on a combination of ur environment (if it allows you to
take pics without them being aware or posing), charisma (your ability to make them
feel comfortable or not threaten thereby let you photograph them)
90% of the time, when i m in your situation, i would have my zoom lens on
and snap away from a distance. but if i m shooting a scene (need a wider lens
thus closer to the subject), i would then ask and of course it really depends on
the situation and type of people who are in your shot.

i've gotten trouble before where ppl give me the stare or security guard come up
to me and ask me what i m doing and tell me to get the fuck out, or put my camera
away, i just say sorry it's for school (of course another school name)

wndrlst

Good topic...I've wondered the same. Also, what are the legalities? When is a subject release required? Just for advertising, or for any commercial use?

Billiam

From what I've read, it is almost always lawful to take photos of people in that are in public places as long as photography in general is allowed in that place. That includes children. How people react to you and how you subsequently react to them is another matter.

NeoChaser

like wut Billiam said,

as long they are in the public, they are all fair game. Even if you are in your house
people can photograph you with a 600mm, however they would break the law if
they used a ladder to peek over ur fence/tree

as for commercial purposes, in short a release a wavier is needed meaning they
can't take leagel action against you if they saw your pics in a commercial ad... so
unless you are gona use them for $$ generation purposes, don't have to worry
about it too much.

wndrlst

I guess I'm less concerned about advertising, than selling the photo itself.

wndrlst

Other scenarios:

Private property, but public event.
Private property, but permission to come shoot - do I need a written release to sell photos of the property?

Seems like there are lots of opportunities for people to try to get silly & litigate if they realize a person is making profit off photos of their person or stuff.

Does anyone know of a good resource for this kind of stuff?

moeronn

I believe if you are at certain events - like baseball games or concerts - you give concent for your "likeness" to be used by others. This is what allowed Moshzilla to be posted all over the place

Also, if you are taking pictures of certain places, you need a permit (i.e. pay $$) from the city or owner before you can make any money off of it.

My concern isn't so much the legality or commercial side of it - more about the actual shooting and maybe posting on the web on flickr or similar. How do you do this without people feeling you are "stepping over the line"?

jupitersolo

In almost all cases if you're in public, not on private property it's fairgame.

Here's one where maybe taken photos goes a little too far? Some activist was taken to jail for taken a picture of the new Governor of Connecticut. But there a little more to the story.

http://www.newhavenindependent.org/a...titerror_1.php

wndrlst

So, if I have permission from a landowner to crawl around her property shooting outbuildings, I would need to have her written permission to sell any of the photos, assuming, of course, they were any good. She said Hallmark came out to shoot there in the 80's & gave her $5.00.

Yeah, sorry, I fell like I totally hijacked your thread.

jupitersolo

^^^There are a lot of people using public pictures to embarrass people for their actions. The local News Channel 4 did a story on this last night. Mostly talking about bad drivers and people who park like a-holes. They also mention something about taking pictures of what people are wearing.

http://www.nbc4.com/news/11055929/de...l?dl=mainclick

wndrlst

When I have shot people privately, I've asked their permission before posting to flickr. People at public events (like my Howard County Hunt photos) didn't get asked. I did send the huntmaster copies of all the photos on flickr plus a few others.

It's that kind of situation I'm not sure about. There are a lot of little shops in this area that sell horsey things. I think a few of my photos could sell in some of the little boutiques, but I don't know how to reach many of the subjects. The farm where the opening ceremonies were held is, of course, private property. The event was invitation only, so not exactly public. There will be many other events, however, that will be open to the public, where I intend to shoot.

Srika?? Do you make money off any of your club photos? Surely you don't get releases from all those people...

srika

looks like there's other issues going on there.. like he was already wanted by police.

srika

Not individually. As a whole yes, but its peanuts in the larger scope of things. There are usually only 2 scenarios before I take a pic:

1) I ask if they want a pic, they say yes, I take a pic.
2) They ask for a pic.

If I ask and they say no, I may try to convince them, depending on how many drinks Ive had lol - and sometimes I may shoot people without warning - pretty much only on the dancefloor, to get some candid dancing shots. That has been OK - if they have a problem with it they tell me. Now, the club atmosphere is quite lax in general and is really not comparable to taking pics of random people outside. Also, people know I am taking pics there, I'm not like some weird random guy taking pics. At least I hope not lol. I haven't had any "incidents" so far and I don't expect to ever have any. :knockonwood:

Billiam

I actually have to contest this based on a few photo-legal pieces I've read in the past. Most states have privacy laws that establish an "expectation of privacy." For an average citizen, the context of sitting in your living room within your residence is a place where you would have an expectation of privacy. The details of what degree of privacy you can expect in your living room is a gray area and varies from state to state.

Again going from what I've read, an even grayer area are the requirements for releases. Some of the items it can depend on are what the end use of the photo turns out to be, who owns the rights to the photo, and the contractual terms involved when the image is sold/licensed.

moeronn

The permission you have from the landowner would dictate what you could do with the photos. You wouldn't necessarily need written permission, but if you were planning on publishing, it would be a good idea.

And no worries on hijacking. The legal issues are valid, as well.

When people attend events, most people are aware that pictures will be taken and they may be caught in some of them. Same thing might be said when visiting tourist attractions. But does anything change if the person becomes the main subject?

ChodTheWacko

By the way, it hasn't been said - Areas/Buildings with an owner are not public property, and they have the right to restrict photography. This includes sports arenas, shopping malls, etc, etc.

It is a pretty complex issue. If you aren't selling the pictures, it's not much of a worry, thankfully.

srika

there is a site in Chicago that does sell club photos piecemeal..

http://www.printroom.com/ViewGallery...nt=24&scount=1

wonder what gives them any right to do this.. I mean they surely aren't getting releases from the subjects. You can even get refrigerator magnets made..

Mizouse

so if i were to take pictures of people and needed them to sign a release form where would i get one thats legally binded or whatever you call it?