Question Regarding Random People in Pictures: I have questions about posting pictures with random people in them. I am relatively new to photography and have a web site via Shutterfly...

dstalnaker Loc: Round Rock, Tx

I have questions about posting pictures with random people in them. I am relatively new to photography and have a web site via Shutterfly that I post pictures on. I have mostly stayed away from posting pictures that include people feeling that I would have to get releases and/or waivers signed before being able to do this.

My Question: Is it necessary to get signed releases before posting pics that include random people in them or am I just being paranoid?

Dee Dee

minniev Loc: MIssissippi

dstalnaker wrote:

I have questions about posting pictures with random people in them. I am relatively new to photography and have a web site via Shutterfly that I post pictures on. I have mostly stayed away from posting pictures that include people feeling that I would have to get releases and/or waivers signed before being able to do this.

My Question: Is it necessary to get signed releases before posting pics that include random people in them or am I just being paranoid?

Dee Dee

No. For the most part, random people that you shot in public places were fair game. Only if you are trying to sell photos or enter them into certain contests might you need releases. Just in terms of general good taste, I would not post a photo that I felt was inappropriate and would insult its subject. And I'm cautious about photos of children I don't know.

amehta Loc: Boston

You are not being paranoid, this is a valid thing to consider, and the answer is a big, murky, gray area.

I agree with minniev, the things which keep you safe are
1. public places
2. not selling
3. no children
Change any of those, and you need to think about it more.

Bill Houghton Loc: New York area

As mentioned above, if there in a public place there fair game, other wise our News folks would be spending more time getting sig's then commentaries although I don't see much difference.

Nikonman2014

This is basically correct - in the U.S., anyone in a public place has no expectation of privacy and you can photograph them to your heart's content. I would keep it tasteful and allow personal space, don't be a papparazzo with Alec Baldwin.

This is NOT necessarily true in other countries - You may want to check before photographing people in public places when you travel overseas, as the local laws may differ from the U.S. law.

TeeKay

UK law is similar to US law. France is very different, and I believe Italy.

beverett Loc: los angeles

minniev wrote:

No. For the most part, random people that you shot in public places were fair game. Only if you are trying to sell photos or enter them into certain contests might you need releases. Just in terms of general good taste, I would not post a photo that I felt was inappropriate and would insult its subject. And I'm cautious about photos of children I don't know.

Mostly right, except you do not need releases to offer the photos for sale. You can post them, publish them, display them in galleries, etc. You need releases only if the photos are used to promote a product, service or idea, as in advertising. Nor is there any prohibition on photographing children, as another respondent has stated.

Big Bill Loc: Phoenix, AZ

beverett wrote:

... Nor is there any prohibition on photographing children, as another respondent has stated.

While technically right, in that there is no legal prohibition on photographing children, there is a strong (and growing stronger) social prohibition on photographing children.
I think this is an outgrowth of the news media's and politicians' propensity to sensationalize any perceived threat to our children (hence the current sarcastic remark, "For the Children!).

jeep_daddy Loc: Prescott AZ

God forbid you get caught by someone taking pictures of their children. A friend of mine was taking picture at the beach. Surfer, scenery, people of all sizes, shapes, color etc. All of a sudden a girl about 16 years old screams, "mom, that man just took my picture!" And of course she was a looker wearing a tiny bikini. My friend wanted to just shrink away and he's a retired cop. The mother started yelling and making a scene and the police showed up very quickly. My friend handed over his camera to the police, showed them how to flip through the images and they found no pictures of the girl in question. He was totally embarrassed, had no idea what his recourse would have been if he had taken some pictures of the young lady and didn't get a single apology from any of the said people involved. A total nightmare.

SharpShooter Loc: NorCal

dstalnaker wrote:

My Question: Is it necessary to get signed releases before posting pics that include random people in them or am I just being paranoid? Dee Dee

DD, yes, you are being paranoid, but it's only because you don't know.
You can shoot anybody you want in a public area, that INCLUDES KIDS! A parent has no more right or say than you do. Assuming your intentions are honorable.

Sentiment does not make law, it only makes ignorance!!

DD, shot away, as long as YOU are comfortable with it. ;-)
SS

phys406

I was recently taking pictures of people assembling for the DC Meml Day Parade - before the parade itself started marching. Almost always I asked permission, but was twice refused pix of kids in high school marching bands. Odd, since these kids were going to be seen by 10's of millions of people on HD TV. And I doubt the adult bandleaders could turn away the press at a public event. An example of how far 'protecting our children' has gone.

beverett Loc: los angeles

phys406 wrote:

I was recently taking pictures of people assembling for the DC Meml Day Parade - before the parade itself started marching. Almost always I asked permission, but was twice refused pix of kids in high school marching bands. Odd, since these kids were going to be seen by 10's of millions of people on HD TV. And I doubt the adult bandleaders could turn away the press at a public event. An example of how far 'protecting our children' has gone.

Don't ask. Just shoot. Do you think press photographers ask? They don't, and you have exactly the same rights as they do.

rpavich Loc: West Virginia

dstalnaker wrote:

I have questions about posting pictures with random people in them. I am relatively new to photography and have a web site via Shutterfly that I post pictures on. I have mostly stayed away from posting pictures that include people feeling that I would have to get releases and/or waivers signed before being able to do this.

My Question: Is it necessary to get signed releases before posting pics that include random people in them or am I just being paranoid?

Dee Dee

You are just being paranoid.

You do not have to get releases to take images of humans provided that the people in question are in a public place and there is no expectation of privacy (i.e. you are shooting them through their bathroom curtains with a telephoto)

The other caveat is that you won't use the image to ADVERTISE a product or service.

You CAN:

Make a profit.
Sell the image
Print the image
Post the image
Use the image
Include the image in a book
Anything OTHER than advertising with that image.
etc...

If those two parts of the criteria are met...you don't need releases.

Others will say I'm wrong but that's the truth.

Mac Loc: Pittsburgh, Philadelphia now Hernando Co. Fl.

dstalnaker wrote:

I have questions about posting pictures with random people in them. I am relatively new to photography and have a web site via Shutterfly that I post pictures on. I have mostly stayed away from posting pictures that include people feeling that I would have to get releases and/or waivers signed before being able to do this.

My Question: Is it necessary to get signed releases before posting pics that include random people in them or am I just being paranoid?

Dee Dee

One thing to keep in mind is that just because something is open to the public, that doesn't make it a public place. Malls, train and bus stations, etc. are open to the public, but privately owned and most likely will have rules about photography. If a place is readily recognizable, that could be a problem.

Digger1 Loc: Minneapolis, Minnesota

dstalnaker wrote:

I have questions about posting pictures with random people in them. I am relatively new to photography and have a web site via Shutterfly that I post pictures on. I have mostly stayed away from posting pictures that include people feeling that I would have to get releases and/or waivers signed before being able to do this.

My Question: Is it necessary to get signed releases before posting pics that include random people in them or am I just being paranoid?

Dee Dee

Attached is a picture of something happening in Delano, MN. The river is rising and I included some random people for a sense of scale. I don't think they are particularly indentifiable. I am merely documenting a natural happening. Thoughts anyone?

Bridge over the Crow River in Delano, MN

(Download)