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FORUMS Photography Talk by Genre General Photography Talk 
Thread started 25 Nov 2013 (Monday) 07:32
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Asking people for permission to take photos of them

 
airfrogusmc
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Nov 26, 2013 09:22 |  #16

HHMM Spend the $13.00 and give this a watch
I would say that most wouldn't find any of these photographer are producing boring work.
http://everybodystreet​.com/ (external link)




  
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MattPharmD
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Nov 26, 2013 09:26 |  #17

There is a wikimedia commons page that does a good job of letting you know when you need permission for taking a photo, publishing a photo, and using it commercially.
http://commons.wikimed​ia.org …ific_consent_re​quirements (external link)

At first glance it looks like you should (legally) have to ask permission in the Czech Republic to take someones photo. However, there seems to be an exception for "legal official use, scientific use, artistic use and news reporting." I would say that many of us consider our street photography "artistic use" though I don't know if that had further definition through the Czech courts.

That being said... since I live in the US, I never ask permission and I have never been confronted on this practice.


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Nov 26, 2013 09:30 |  #18

MattPharmD wrote in post #16481216 (external link)
There is a creative commons page that does a good job of letting you know when you need permission for taking a photo, publishing a photo, and using it commercially.
http://commons.wikimed​ia.org …ific_consent_re​quirements (external link)

At first glance it looks like you should (legally) have to ask permission in the Czech Republic to take someones photo. However, there seems to be an exception for "legal official use, scientific use, artistic use and news reporting." I would say that many of us consider our street photography "artistic use" though I don't know if that had further definition through the Czech courts.

That being said... since I live in the US, I never ask permission and I have never been confronted on this practice.

Haha, perhaps it'll depend on how good your photo is :D I can see it now -- the judge deliverying his verdict "The composition is terrible, I dont' like the light and the background is distracting. This is definatlety not art."

Great link btw -- VERY useful for those that travel with a camera



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uOpt
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Nov 26, 2013 11:01 |  #19

palad1n wrote in post #16480803 (external link)
I could figure out that most people would be probably bored to death without controversial photos of celebrities in scandal-oriented journalism :)
Thanks all!

Persons of public interest are in an entirely different situation than the general public.


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RMH
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Nov 26, 2013 11:08 |  #20

Actually, at least in the UK, that has been judged in court not to be true and famous people still have a right to a reasonable expectation of privacy.

And besides, how can you possibly draw a line of that one -- surely the very fact that you're able to sell a print of someone means that they're of interest to some else (or no sale)



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uOpt
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Nov 26, 2013 11:09 |  #21

gjl711 wrote in post #16478451 (external link)
Here is a link to a lawyer's assessment.
http://www.krages.com/​ThePhotographersRight.​pdf (external link)
Pretty much states that as a member of the public, in a public location, you have no rights unless you have secluded yourself in an area where there is a reasonable expectation of privacy.

Yeah, nice link and it doesn't mention anything about publishing, commercial or not.

It is useless for the purpose of this thread. We all know the basic rights of taking photographs. The question is, under what circumstances can we post them at what kind of website?

This thread is complete fail except for the wikipedia link which is marginally useful.


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RMH
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Nov 26, 2013 11:23 |  #22

It might improve if you stopped posting things that are compeletely wrong ;)

The question is answerered pretty well with the wikipedia link - in the US you can publish anything basically anywhere you want without permission except for commercial use.

The UK is broardly similar though there is the concept of expectation privacy.

For Czech;

MattPharmD wrote in post #16481216 (external link)
At first glance it looks like you should (legally) have to ask permission in the Czech Republic to take someones photo. However, there seems to be an exception for "legal official use, scientific use, artistic use and news reporting."

This basically sounds like most non-comercial to me.

If you want an absolute definate answer you will have to take each indiviual case to court, simple as that. It's always possbile to attempt to sue someone and win regardless of the exact letter of the law -- the law isn't supposed to be all encompassing, it's supposed to be a framework and guideline.



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Nov 26, 2013 11:28 |  #23

uOpt wrote in post #16481452 (external link)
This thread is complete fail except for the wikipedia link which is marginally useful.

[edit] Redacted a snarky comment.

Here's another link with useful info, specifically regarding when you need the subject's permission and written release.
http://danheller.blogs​pot.com …about-model-releases.html (external link)

Quoting from Dan Heller's link:
"At the risk of over-simplification, the only time a release is needed is if a person can be seen as supporting or advocating an idea, product or service."

Note that "legal" and "moral" are not always the same thing; in fact, they're often quite at odds.


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Nov 26, 2013 11:34 |  #24

nathancarter wrote in post #16481494 (external link)
[edit]Note that "legal" and "moral" are not always the same thing; in fact, they're often quite at odds.

That's because moral is not definable without a specific individual in mind. What I believe is moral you may think is not.


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Nov 26, 2013 11:51 |  #25

gjl711 wrote in post #16481505 (external link)
That's because moral is not definable without a specific individual in mind. What I believe is moral you may think is not.

Exactly. So many people are quick to jump to "That's wrong" or "That's unethical" or "You can't do that" - when their beliefs may be different than mine. Furthermore, many people ignorantly ASSUME that the laws must necessarily their particular set of "moral" or "ethical" beliefs.

Taking pictures of someone else's kids at the beach, and posting them on my Facebook page? Legally it's fine; ethically it's ...who knows?


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Nov 26, 2013 11:57 |  #26

^^^As a rule of thump, I'd say if they're bigger than you and know where you live, it's not ok...



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Nov 26, 2013 12:02 |  #27

RMH wrote in post #16481550 (external link)
^^^As a rule of thump, I'd say if they're bigger than you and know where you live, it's not ok...

That brings in a third variable. There is legal, those things we as a society have defined as common enough such that we will apply them to all whether you personally believe it or not.

Then there is moral, those things that you personally believe to be right.

Then there is smart, those things that might get you pummeled even though it is legal such as taking pics of someones a$$ at the beach as she is walking by with her string bikini arm in arm with her gorilla boyfriend. :):)


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Nov 26, 2013 12:22 |  #28

You post that somewhat in jest, but I think there was a thread about that not too long ago, actually. A guy was taking pics at the beach, some guys got suspicious and mad, and roughed up the photographer and his gear.


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Nov 26, 2013 14:05 |  #29

palad1n wrote in post #16478316 (external link)
Hi,
not that long ago, we had pretty harsh discussion at work about taking street photos of unknown people around us. Lots of people doesn´t like being photographed and one day finding themselves on flickr or FB.

Here is my fresh example of publicly taken photo if you want to be perfectly street legal :cool:

IMAGE: http://farm8.staticflickr.com/7372/11041263105_751762582e_o.jpg
IMAGE LINK: http://www.flickr.com/​photos/kf095/110412631​05/  (external link)
Untitled (external link) by Ko.Fe. (external link), on Flickr


Not so long time ago wasn't it here as well?

I'll try it with new approach.
Forget the moral aspect for the moment.
Look at stock photography for a sec. They are in trouble if something is wrong, legally.

Say, you are submitting pictures with people where it is staged photo for vacuuming, for example. You must provide model release document from each acting, present person in the picture.

Would stock take the picture from the street event, where it is impossible to ask written permission from everyone? The answer is - yes.

Now, if stocks have no legal problems to use pictures like these, here is no problem with you to show pictures like these.

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Nov 26, 2013 14:17 |  #30

hollis_f wrote in post #16480740 (external link)
Is this a sticky somewhere on PotN?

This topic comes up quite often and it normally takes a load of posts spouting misinformation before the truth arrives.

But then, that's true of many topics on POTN. ;)


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Asking people for permission to take photos of them
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