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Should we get permission to photograph people?
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Apr 16, 2023 10:44:24   #
fetzler Loc: North West PA
 
Delderby wrote:
IMHO - NO! But we should get permission to publish those pics in any shape or form.
If we see a picture to shoot - walk not talk, but to get permission first might lose what we saw.
ALWAYS offer a freebie of the shot and get permission to publish.
I don't do street - simply because I believe in privacy, whereas many "street" photogs seem to invade people's privacy without a second thought.


Hmmm... Have you ever thought that YOUR picture is captured many times a day for security and law enforcement purposes. This includes facial recognition.Yes, these images have commercial use as well.

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Apr 16, 2023 10:51:51   #
bwana Loc: Bergen, Alberta, Canada
 
JohnSwanda wrote:
If street photographers had to ask permission to shoot people, the history of photography would be missing a lot of great photos.



How very, very true!

bwa

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Apr 16, 2023 11:58:37   #
Delderby Loc: Derby UK
 
rmalarz wrote:
To answer the question posed in the title, 'tis easier to ask forgiveness than get permission.
--Bob


But too late for the subject to refuse? A fete accompli?

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Apr 16, 2023 12:06:07   #
Delderby Loc: Derby UK
 
JohnSwanda wrote:
If street photographers had to ask permission to shoot people, the history of photography would be missing a lot of great photos

bwa[/quote]
How very, very true!

But did all those subjects think they were great? Should it not have been their call?

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Apr 16, 2023 12:12:18   #
Bill_de Loc: US
 
Delderby wrote:
The rules may or may not be different - but my post was ASKING for Hog opinions and I put my opinion forward accordingly.
Look before you leap?


Hogs are world wide. After your name at the top of every one of your posts it says "Loc: Derby UK". Sorry for reading what you wrote. I won't let that happen again.

---

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Apr 16, 2023 12:17:04   #
JohnSwanda Loc: San Francisco
 
Delderby wrote:
JohnSwanda wrote:
If street photographers had to ask permission to shoot people, the history of photography would be missing a lot of great photos

bwa

How very, very true!

But did all those subjects think they were great? Should it not have been their call?[/quote]

I'm glad it isn't their call, at least in the USA. Photographing people in public is protected by our Constitution.

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Apr 16, 2023 12:18:46   #
delder Loc: Maryland
 
LOCATION and SUBJECT matter in this discussion.
EU has some unusual requirements including Camera Click so those around you will know you are taking pictures.
Some areas of the US have cultural aversion to having their image captured.[Alaska & Pennsylvania that I am aware of]
Minors often have additional protections.
Legal and enforced prohibitions against photography may vary.
[Law enforcement, uniformed government employees etc]

Be careful out there!

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Apr 16, 2023 12:36:42   #
Delderby Loc: Derby UK
 
Bill_de wrote:
Hogs are world wide. After your name at the top of every one of your posts it says "Loc: Derby UK". Sorry for reading what you wrote. I won't let that happen again.
---


You didn't read what I wrote - so nothing will change. There's none so blind as those who will not see.

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Apr 16, 2023 12:38:59   #
Bridges Loc: Memphis, Charleston SC, now Nazareth PA
 
JohnSwanda wrote:
As I understand it, a release is required to use a photo for advertising or promotion of something. But it can be published as a news photo or shown in a gallery as art without the release, given that the photographer and the subject were in public. Of course, anyone can sue over anything and you don't know how that will come out.


You may be able to exhibit an image of someone in a gallery without their permission but when entering a contest, one of the rules usually states that anyone recognizable must sign a model release. This may be due to receiving money or prizes being viewed as being paid.

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Apr 16, 2023 12:39:43   #
JohnSwanda Loc: San Francisco
 
delder wrote:

Legal and enforced prohibitions against photography may vary.
[Law enforcement, uniformed government employees etc]


If you are talking about the USA, the Supreme Court has specifically ruled that photographing law enforcement officers in public is constitutionally protected. That's a good thing, but some police officers don't seen to have been taught that in their training. On the other hand I've seen videos where police officers have informed people who have objected to being photographed and called the cops that the photographer has the right to do so.

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Apr 16, 2023 12:40:38   #
kb6kgx Loc: Simi Valley, CA
 
canonuser25 wrote:
In many countries e.g. Ethiopia it is belief that you are capturing the subjects soul. It is only common courtesy to ask. If they say no,walk away. You may not have the photo but you will have the memory


Not uncommon among Arabs and other Middle Eastern cultures.

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Apr 16, 2023 12:44:03   #
gwilliams6
 
Here are the country requirements and regulations for consent to photograph people around the world. Please be sure when you travel you are aware of the rules in each country you visit or risk breaking the law.

And you need to know that these laws do vary by state in the USA.

Some countries DO require consent before you take the picture, and most do require consent for ANY commercial use of the pictures.

https://commons.wikimedia.org/wiki/Commons:Country_specific_consent_requirements

Cheers

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Apr 16, 2023 13:23:25   #
Jersey guy Loc: New Joisey
 
I had to research this topic once for an organization I belong to that has a Newsletter that is periodically mailed to members. They're always looking for "newsy" articles for PR. The best I could come up with was that if a person is in a public space — street, sports event, meeting of a group that is open to the public, etc. — then they have no expectation of privacy, period.

However, any image derived from said occasion is free to be published as long as no commercial promotion or paid remuneration is involved.

That didn't stop someone from suing someone in NY State in a circumstance that met these criteria and the last I heard was that it was in litigation, so I don't know the outcome. Frankly, the way that laws seem to be ignored these days I don't trust any past precedent to be a safe guiding principle for present day situations. Freedom of speech and freedom of religion are under attack in so many subtle ways that I no longer think our Constitution is working the way it should.

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Apr 16, 2023 13:23:29   #
RonDavis Loc: Chicago, IL
 
Delderby wrote:
IMHO - NO! But we should get permission to publish those pics in any shape or form.
If we see a picture to shoot - walk not talk, but to get permission first might lose what we saw.
ALWAYS offer a freebie of the shot and get permission to publish.
I don't do street - simply because I believe in privacy, whereas many "street" photogs seem to invade people's privacy without a second thought.


The exert below was taken from a 2018 article appearing in a US publication, "photo district news".
The title of the article is "Street Photography and the Law: What You Need to Know"

.....a link to the full article follows:

"As the name implies, “Street Photography” usually is done in a public place such as a street, sidewalk or park involving candid images of people going about their daily lives. This type of photography is permitted in the U.S. under the legal premise established by the Supreme Court that there is no reasonable expectation of privacy in a public place. It is why we may be photographed or recorded many times a day by surveillance equipment, police bodycams and anyone else with a camera. In France, by contrast, the law is different and obtaining permission to photograph someone in public is the general rule. But here in the U.S. the rules distinguish public from private, with the greatest expectation of privacy in one’s home (although that too may vary from state to state)."

https://pdnonline.com/photography-business/legal/street-photography-and-the-law-what-you-need-to-know/

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Apr 16, 2023 13:27:07   #
kb6kgx Loc: Simi Valley, CA
 
RonDavis wrote:
In France, by contrast, the law is different and obtaining permission to photograph someone in public is the general rule. But here in the U.S. the rules distinguish public from private, with the greatest expectation of privacy in one’s home (although that too may vary from state to state)."

https://pdnonline.com/photography-business/legal/street-photography-and-the-law-what-you-need-to-know/


By this, then the concept of "candid street photography" does not exist in France? Although I was only in Paris once, in 1982, all of those people I photographed, including police officers… I was doing something illegal?

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