Ugly Hedgehog - Photography Forum
Street photography information
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Jan 13, 2021 17:16:13   #
Teacher22 Loc: Texas
 
Hey, fellow Hedgehogs....
I’m just wondering about some street and protest photography I have taken over the years. Can I post, publish or display people that I took pictures of a few years ago? In particular, KKK March in 1981 and an Arian protest in 2010.
I’m just wondering if I should have gotten written permission since it was a public demonstration.
Any advise would be appreciated. I have converted some to B&W and framed for my own use but not anything else. I have been freelancing for a number of years.
This is really very similar to what we have seen recently and I thought about posting just for information.

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Jan 13, 2021 17:34:46   #
User ID
 
History unfolding in public spaces is not problematic unless it’s presented in a manner manipulated to deceive. Such manipulation can be accidental by timing and viewpoint, but would still be seen as manipulation. There is no right to privacy at an “event”, but there is some limited right to privacy at other times. Beware of those grey areas (oooops, pun).

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Jan 13, 2021 18:12:02   #
Gene51 Loc: Yonkers, NY, now in LSD (LowerSlowerDelaware)
 
Teacher22 wrote:
Hey, fellow Hedgehogs....
I’m just wondering about some street and protest photography I have taken over the years. Can I post, publish or display people that I took pictures of a few years ago? In particular, KKK March in 1981 and an Arian protest in 2010.
I’m just wondering if I should have gotten written permission since it was a public demonstration.
Any advise would be appreciated. I have converted some to B&W and framed for my own use but not anything else. I have been freelancing for a number of years.
This is really very similar to what we have seen recently and I thought about posting just for information.
Hey, fellow Hedgehogs.... br I’m just wondering ab... (show quote)


If the events were not open to the general public, aka a private venue with access control, ticketing, etc, then it could be a problem. Public events in public places are less of an issue, and news reportage is 100% ok. The context of how you use the images today cannot be construed in any way to harm those depicted.

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Jan 13, 2021 18:38:20   #
Teacher22 Loc: Texas
 
I’m thinking of posting on Headgehog just for interest but wanted to make sure it was ok. These are public activities and I don’t think I need approval if not for financial gain.

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Jan 13, 2021 20:46:10   #
hoola
 
You are ok if usage is editorial . However if usage is commercial then you would need model releases .

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Jan 14, 2021 08:57:38   #
Real Nikon Lover Loc: So Cal
 
In this day and age sometimes the words that go with the photos carry reprisals. Editorials on UHH seem to get chewed up and spit out. Personal attacks can be rampant on this site. I am sure I will be rebuffed by two of the usual suspects here. Words are powerful...pictures paint the story if shot correctly. Take your best shot and sally forth.

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Jan 14, 2021 10:10:24   #
Jaackil Loc: Massachusetts
 
Teacher22 wrote:
I’m thinking of posting on Headgehog just for interest but wanted to make sure it was ok. These are public activities and I don’t think I need approval if not for financial gain.


Don’t over think this the law is pretty simple. If they were taken of people in public you are fine. You can also post for financial gain but not for commercial purposes. So you are allowed to sell your art. Including but not limited to publications like newspapers or magazines. However if you use them for commercial purposes you would need releases. Commercial for this purpose is defined as to advertise or promote.
I will address also the “do harm” issue. So you can’t be malicious with how you use them. So for example you can’t post salacious pictures of an ex to get back at them. However if someone is in public doing something stupid like breaking into the capitol they are doing the harm to themselves so to speak you are just recording it. You are free to post that. If they subsequently say lose their job as a result of that picture they Can Not come after you. You would have no liability if your shot merely recorded the act. Think of all the pictures that have been published over the last year of all the riots and protesters. Many with cell phones. I assure you none have been granted releases.
What you are describing you have would be considered journalistic photography and you are free to post or sell them as you wish you have all the rights to the images.

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Jan 14, 2021 10:16:39   #
pithydoug Loc: Catskill Mountains, NY
 
hoola wrote:
You are ok if usage is editorial . However if usage is commercial then you would need model releases .


I can't believe this is true. There are dozens of books on the market showing public street scenes with many peoples faces boldly shown. There is no way that photographer got model releases for each person.

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Jan 14, 2021 10:22:29   #
User ID
 
pithydoug wrote:
I can't believe this is true. There are dozens of books on the market showing public street scenes with many peoples faces boldly shown. There is no way that photographer got model releases for each person.

Powerfully demonstrating the UHH tradition of failing to read the whole posting before replying. Surely this is faithful adherence to tradition rather than pervasive stoopidity ? Trying to maintain a positive interpretation.

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Jan 14, 2021 13:16:21   #
hrblaine
 
User ID wrote:
Powerfully demonstrating the UHH tradition of failing to read the whole posting before replying. Surely this is faithful adherence to tradition rather than pervasive stoopidity ? Trying to maintain a positive interpretation.


Anyone who needs legal advice should go to a lawyer, not to some anonymous poster on UHH. Harry

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Jan 14, 2021 14:02:18   #
goldenyears Loc: Lake Osewgo
 
Teacher22 wrote:
Hey, fellow Hedgehogs....
I’m just wondering about some street and protest photography I have taken over the years.


Many, many years ago, at the very beginning of the Internet, I wanted to take some photos to illustrate the website I was building for my employer. I wanted to show scenes of a parade that went down the town's main street. I was told that if I was photographing someone or something in the parade it would not require permission, and if there were people in the photo watching the parade, even from within their home or business along the street, that was okay too, because they were not the subject of the photo. But if I was to photograph those same people as the subject of a photo, that would require their permission to be obtained. That's the advice I received back then.

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Jan 14, 2021 14:15:10   #
Jaackil Loc: Massachusetts
 
pithydoug wrote:
I can't believe this is true. There are dozens of books on the market showing public street scenes with many peoples faces boldly shown. There is no way that photographer got model releases for each person.


You need to understand the term commercial as applied to photography and art. In the eyes of the law commercial mean and is limited to advertising or promoting a product service company or individual. So if you merely sell pictures that is not necessarily commercial. Receiving compensation in some way does not make the images or there use commercial. So you take a picture of a pretty girl walking down the street. You can sell it as art, or as a stock photo, sell it to a publisher for use in (not on the outside) a book. However take that same picture and sell it to Pepsi who uses it in an ad you need a release. Post that Image on your website in a gallery of pics no release needed if you are not promoting your services as a photographer. However move that image to the home page or cover of the gallery you would need a release if the images is promoting your services as a photographer.
So don’t confuse Commercial with “for money” or commerce
Keep in mind this is an international forum. This only applies to the US and US laws every country is different.
For who ever wants to say well my state or city has an ordinance that is different. No they don’t unless they have seceded fromthe union and they no longer honor the constitution. 1st and 4th amendment rights have been upheld by the DOJ consistently.

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Jan 14, 2021 15:41:46   #
JimBart Loc: Western Michigan
 
I’d be careful with what I’m posting these days in light of what’s been going on in Washington and other areas this past year.

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Jan 14, 2021 16:33:28   #
russraman Loc: New York City
 
Is this acceptable?



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Jan 14, 2021 16:49:29   #
JimBart Loc: Western Michigan
 
Looks like she’s pregnant
Today’s educational system... don’t teach reading, writing, arithmetic or even spelling. Teachers need to teach and be less concerned about days off and $$$$. I’d love to have their rate per hour.

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