Amateur photographer taking pictures of stranger without consent?
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I'm a freelance/amateur photographer and I'm breaking into the world of more urban and lifestyle/culture photography and I wanted to check on the legality and social acceptance of taking pictures of people in public without their consent. Would I legally still be able to copyright, print, sell, ...etc these kind of images? I know if I'm taking wide shots of crowds of people it's generally okay but what about shots of one or a few people only. I love candid photography and the tone and expressions of the people, I feel it would defeat the purpose to ask whoever I'm taking a photograph of.
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Answer:
Sticky question. It will depend on a lot of factors. First, it will vary from country to country. Here in the U.S., which is all I have any idea about, as long as you aren't either invading their privacy or using the image to commercially endorse an idea or product without their consent, you should be okay. It is better if you can get them to sign a model release after the fact though. In the U.S. it is considered a public display if they are on public land, within sight from public land or within sight from your property most of the time. You will be in the wrong should you take a shot from say an apartment window into another apartment they are in and have some reasonable expectation of privacy. Another situation is when you sell the photo or use it to promote some commercial product or service or to promote some political, religious or moral concept. In short, for an ad of some type. Then anyone recognizable in the photo must give you a model release. This can apply to property also, including copyrighted and trademarked material as well. If you get a Coke sign in there, either you sell it to Coke or get a release or it can't be used as an ad for Pepsi, Keebler or whoever. Another situation arises that says you DO NOT need a release if it is a fine art shot being sold as prints or a shot you just want to keep or a shot that is editorial in nature. You don't need a release from the firemen putting out a fire that you photographed yesterday, even if you sell it to a newspaper or magazine and they are identifiable, as long as it isn't used to endorse something. This is my understanding of the situation, and probably would never be as good as an attorney's advice. So best advice, talk to an attorney and do your own research on it, especially outside of the U.S.
Percius at Yahoo! Answers Visit the source
Other answers
It depends which country you are in, but generally in the Western world you can take shots of people in a public place without asking their permission. You do NOT need a model release form if you are using that image for; self-promotion of your work, whether in an online gallery or an actual one, OR editorial purposes (publishing in a newspaper or magazine) You only need a model release if you are using the persons image for commercial purposes - that means to sell a product (eg a pair of jeans). You also need to make sure that you do not imply anything untrue about a person portrayed in your image (for example, photographing a man outside a massage parlour & implying he was a customer when he wasn't) - that would leave you open to being sued for defamation. Do be aware though that certain places which appear to be public are in fact private (shopping malls, train stations, for example) - there the landowner can make whatever rules they like about whether photography is permitted or not.
deep blue2
It is perfectly legal to photograph anyone in any public place, or in any private place that allows cameras without the subject's permission. You also automatically own the copyright on any photograph you make. The only exceptions would be if you went in to a museum and photographed a painting, creating a reproduction. You would obviously not own the copyright of the reproduction. The trick is how you are allowed to sell the image afterwards. The First Amendment in the U.S. protects your right to sell any image of a person you create provided the image is being used for editorial purposes. That would include fine art prints, self promotion items, and news articles in newspapers, magazines, and online. You cannot use a person's likeness to advertise a product or service without their consent.
Tim
You should have a model release if you are going to use the images for any self promotion or paid commercial use. If you don't have one, the images of the single subjects you wish to shoot may come back to haunt you later on. A model release is a must in the pro photojournalistic world like copyright serves your final work.You want to be covered against any legal action down the road. Once they sign off...you're in the clear to use the images any way you wish. Good luck!
Big Daddy Da Da
The use of and need for model release forms does vary from dominion to dominion. Certainly here in the UK it's a little more relaxed than it is for you guys in the USA, but it's still a good idea. There are ways you can mitigate the issue, the most cost effective is to approach your subject after the image has been taken, talk to them, ask for their permission, and offer them a copy of the image. I can only recall one time in recent years that someone has gone up the wall at me, and that was inside a venue that informed it's audiences that as a part of the performance they may be photographed or videoed and that their acceptance of this was required prior to entry for the performance.
Crim Liar
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