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View Full Version : is candid ok?


vvilko
23rd of June 2007 (Sat), 13:17
ok is it just me or does anyone else think that candid can be slightly wrong?
i just feel that taking a picture of someone that doesn't know, might not want their picture taken.

and if you get caught what do you say!?

is it a breach of privacy or is it right to claim copyright without their permission.

whats everyones views on this?
cheers jack

Extirpate
23rd of June 2007 (Sat), 13:26
Personally I don't do it but if they're in a public place (at least in the US) it's fair game.

airfrogusmc
23rd of June 2007 (Sat), 13:30
This is a very gray area. If I'm shooting on the street I will usually take the image then tell the person that I took there photo. See how they feel about it. If they're not happy with the idea I respect that and I won't use it. If its something thats real important I'll get a release to ward off any future problems. This is the way I do it. Not everyone will feel this way. Is it necessary, in a public space probably not from a legal stand point if your not going to use it commercially. If its going to wind up in some kind of commercial application I would get a release.

vvilko
23rd of June 2007 (Sat), 16:40
how do you get a release?

do you just get them to sign something?

airfrogusmc
23rd of June 2007 (Sat), 23:19
http://www.dpcorner.com/all_about/releases.shtml
http://www.asmp.org/commerce/legal/releases/
http://www.asmp.org/commerce/legal/releases/
I hope this helps

samnz
24th of June 2007 (Sun), 03:04
If it's a wedding - shoot away. I'm contracted by the B&G...not the guests - and it's for the B&G's album...not the front page of People Magazine!

If they catch me taking a photo of them, I give them a great big grin and say "WOW...thanks for that!!!" They haven't a clue what kind of photo it was but...their response is usually - "No problem!" :) ? ? ?

On a side note: during a group photo, I had one guest do nothing but moan about how much of pita 'the photographer' was and he basically...didn't play the game - looked the other way, didn't smile etc.

In the end I said "Sir - if you don't want to be in the photo, could you please step aside?" Everyone (jokingly) agreed.........he was brilliant after that. :) :) :)

rammy
24th of June 2007 (Sun), 09:04
wilko, in the UK as in the US, any shots taken in a public place, that is where you and the target are in a public place, they have no right to privacy. Even for commercial work. Just don't "hassle" anyone! On private land or in their own home this is different.

This is a great PDF that details the UK Photographers Rights:

183694

pos
24th of June 2007 (Sun), 09:28
If you take candids of children at the park or beach be sure to let the parents know before hand why you are taking pic's and offer then a pic or two. If they say no move on.I don't do to many candids because i shoot custom motorcycles instead.In this day and age there are to many creeps out there with cameras and parents have to be aware of dangers out there. Things were alot different when i was growing up,{ many many years ago. } LOL. pos

Bootlegger0173
24th of June 2007 (Sun), 11:25
Almost all of my best shots are "candids". That being said, I do them at scheduled events where they know that I'll be shooting, just not what at. That way, I get good pics but not posed pics. For instance, most of my better stuff (and most frequent) is at outdoor events, hikes, primitive get-togethers, etc. I make it perfectly aware that I am taking pics that I might post, and that I will feel that way about each subject/event unless the individual personally tells me otherwise- in which case, their image won't be used. If I accidentally get them in one, I usually offer it to them before distroying it. I keep a couple of releases on hand just in case I find that special project, but almost never use them. This would change if I were writing for a magazine or something. So far, it has worked for me.

vvilko
26th of June 2007 (Tue), 11:02
thanks for your help guys.

really appriciated.
shame i cant take pictures as much now ive started a full time job :(

ne way it gets me money!

xpsentity
26th of June 2007 (Tue), 11:55
For the people from the US posting;

In the United States, no one has the expectation of privacy while in a public place. You can take them, and sell them. No 'release' needed. Not to start the great debate of photography morals or whatever; that's not the point.

Andy_T
26th of June 2007 (Tue), 12:09
In the United States, no one has the expectation of privacy while in a public place. You can take them, and sell them. No 'release' needed.

Then ... what do all those people here on the forum bother with getting a model release for ???

Best regards,
Andy

xpsentity
26th of June 2007 (Tue), 18:09
Then ... what do all those people here on the forum bother with getting a model release for ???

Best regards,
Andy

Vastly different circumstances I imagine - paid shoots, TFP shoots, etc.

Just wandering around on the street, you're good to go.

Keep in mind though, Europe has WAY different privacy laws. ;)

Jon, The Elder
27th of June 2007 (Wed), 05:42
Almost all of my best shots are "candids". That being said, I do them at scheduled events where they know that I'll be shooting, just not what at. That way, I get good pics but not posed pics.

I shoot horse events and candids account for about 30% of my sales. I've gotten jobs because of my reputation for shooting candids.

NEVER ever post embarassing or unflattering images. It is a fine line you walk in situations like this.

Vitruvius
27th of June 2007 (Wed), 14:29
I was under the impression that in candid photos where the subject is recognizable you have 2 options. For editorial work, journalism, newspaper, whatever than the photo is usable without a release, however assuming that person is recognizable you cannot sell that photo commercially without a model release ie: advertising or commercial use.

Correct me if I'm wrong but thats what I've been led to believe.

rammy
27th of June 2007 (Wed), 15:03
I was under the impression that in candid photos where the subject is recognizable you have 2 options. For editorial work, journalism, newspaper, whatever than the photo is usable without a release, however assuming that person is recognizable you cannot sell that photo commercially without a model release ie: advertising or commercial use.

Correct me if I'm wrong but thats what I've been led to believe.

I walk across London Bridge every morning and evening going to/from work. You should see the amount of people who take take pro shots or pro film reels for advertising. They don't stop me and ask for a release.

I've seen so many film strips or photos of the "working people" entering the City of London, on TV or adverts.