Legal right to take pictures in a public place (Page 2): Thank you, everyone, for taking the time to provide me your thoughts on this subject.

DJ Craig Loc: Payson, AZ (North-Central)

Thank you, everyone, for taking the time to provide me your thoughts on this subject.

rpavich Loc: West Virginia

DaveHam wrote:

The general rule is that you can take any picture ... (show quote)

Untrue.

You can use an image all day long on your website without release. Heck...you can make t-shirts out of it with no issues.

you cannot use it to advertise, that's the restriction.

rook2c4 Loc: Philadelphia, PA USA

rpavich wrote:

? Not in the US it's not. Cops can tell you whatever they want but other than being a bully nuisance that's as far as it goes.

That may be as far as it goes in your town, but in many places, that's when the handcuffs come out and the real trouble begins!

rpavich Loc: West Virginia

rook2c4 wrote:

That may be as far as it goes in your town, but in many places, that's when the handcuffs come out and the real trouble begins!

And that's fine...but it won't fly.

Like I said, cops can bully as much as they like and put the cuffs on...but when they do, they are guilt of unlawful detention and they will lose in court and I will cash a nice big fat settlement check and retire early.

I think most of this is just scare tactics...I've never seen it. Not on the news, not in person, not anywhere.

Jim Bob

DJ Craig wrote:

Does anyone know for absolutely sure if a photographer has a right to take pictures of anyone and everyone in a public venue (park, school, street, etc.), whether people are in the foreground or background and does that photographer have the right to sell those pictures for profit? Thank you so much. DJ

Seek the services and advice of a lawyer. Otherwise, you're on your own.

bdk Loc: Sanibel Fl.

A couple things, if you take a pic of a person in public, then sell that pic they can go after you for part of your profit,

if you take a pic of someone and use it in a derogatory way such as a porno commercial etc they can sue you for damages.

any business is not public property, you can not take pics there. ( someone said wal mart which is true)

many contests will not accept a pic with people in it unless you have a signed release, even if it was taken in public.

My photography class had someone come in and speak on this, very interesting. His last statement was, anyone can sue anyone for anything regardless of what you did even if it was done correctly....
so always use common sense...

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

DJ Craig wrote:

Does anyone know for absolutely sure if a photographer has a right to take pictures of anyone and everyone in a public venue (park, school, street, etc.), whether people are in the foreground or background and does that photographer have the right to sell those pictures for profit? Thank you so much. DJ

Keep in mind there is a difference between a public place and a privately owned place that is open to the public.
A street, city park, etc. are public places and there is no expectation of privacy.
A store, mall, public conveyance (bus, train), etc. are open to the public but privately owned and the owner can, and often does, have restrictions on photography and videography.
As far as selling photos that include people who are incidental to the picture, you would probably be better of consulting with a lawyer.

thively61 Loc: Robinson, Texas

With regard to taking pictures of recognizable people and selling them, it seems if you are a "celebrity" it is open season.

I saw a program the other night on Jackie Kennedy and photographer Ron Galella, who very much did not have her permission to sell photos he took of her, yet he did and made his living at it.

rpavich Loc: West Virginia

bdk wrote:

A couple things, if you take a pic of a person in public, then sell that pic they can go after you for part of your profit,

Untrue. (though I guess anyone can do anything, you aren't breaking the law by selling that picture with them in it.)

rpavich Loc: West Virginia

thively61 wrote:

With regard to taking pictures of recognizable people and selling them, it seems if you are a "celebrity" it is open season.

I saw a program the other night on Jackie Kennedy and photographer Ron Galella, who very much did not have her permission to sell photos he took of her, yet he did and made his living at it.

That's because it's not against the law to take a picture of someone from a public vantage point and sell it.

Lots of mis-information here on the hog.

Venser

rpavich wrote:

That's because it's not against the law to take a picture of someone from a public vantage point and sell it.

Lots of mis-information here on the hog.

Agree completely.
I sell photos all the time with recognizable people in them. In Ontario, you're definitely allowed to do so except for commercial purposes. Now if you travel one province East, it's a lot different. Quebec is the only place in North America where photographers are required to get permission from the subjects of photographs that will be presented to the public. The only situations where such a permission is not mandatory is when the photo is of a crowd, if its considered legitimate news or considered to be in the public interest.

Ontario Photography Laws

I get people all the time telling me I don't have the right to photograph them. I normally have a stack of the link above printed out in my camera bag and hand them out. The police have been called, but nothing ever happens.

On the way to work I took this photo. The officer asked me to stop, I said no and continued taking photos. There was nothing he could do.

Mary Kate Loc: NYC

DJ Craig wrote:

Does anyone know for absolutely sure if a photographer has a right to take pictures of anyone and everyone in a public venue (park, school, street, etc.), whether people are in the foreground or background and does that photographer have the right to sell those pictures for profit? Thank you so much. DJ

This is what I know about Ireland. We were walking through Caven. I saw a group of rosy checked school children and started taking pictures. One of the chaperones saw me and demanded that I stop taking pictures and wanted me to delete the pictures I had taken . I showed her the pictures and that I did delete them. She then thanked me and off she went. Children might be a touchy topic.

billnikon Loc: Pennsylvania/Ohio/Florida/Maui/Oregon/Vermont

DJ Craig wrote:

Does anyone know for absolutely sure if a photographer has a right to take pictures of anyone and everyone in a public venue (park, school, street, etc.), whether people are in the foreground or background and does that photographer have the right to sell those pictures for profit? Thank you so much. DJ

Depends, it is one of those gray areas. Back in 67 during the Democratic Convention in Chicago I was with UPI (United Press International), we were covering the demonstrations against the war and therefore against the Democratic's. Some of the police were not nice, we were documenting this, we were in a public space, the streets, and the police decided they didn't want us there either. They turned on us, it was not nice (we were on the Mayor Daley hit list). We were eventually issued Kodak Instamatics because the police were taking our Nikon's and testing them against drops, kicks, and bashes. It was a real awaking for an 18 year old kid from Pennsylvania. So, to answer your question, it's a real gray area. Anytime your in doubt, check ahead.

billnikon Loc: Pennsylvania/Ohio/Florida/Maui/Oregon/Vermont

collhart wrote:

This is what I know about Ireland. We were walking through Caven. I saw a group of rosy checked school children and started taking pictures. One of the chaperones saw me and demanded that I stop taking pictures and wanted me to delete the pictures I had taken . I showed her the pictures and that I did delete them. She then thanked me and off she went. Children might be a touchy topic.

We can thank the pedophiles of the world for that.

dsmeltz Loc: Philadelphia

collhart wrote:

This is what I know about Ireland. We were walking through Caven. I saw a group of rosy checked school children and started taking pictures. One of the chaperones saw me and demanded that I stop taking pictures and wanted me to delete the pictures I had taken . I showed her the pictures and that I did delete them. She then thanked me and off she went. Children might be a touchy topic.

This is what you know about one chaperone who happened to be in Ireland. You can't generalize to a whole population from one person.