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FORUMS Photography Talk by Genre General Photography Talk 
Thread started 23 Oct 2015 (Friday) 13:06
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Total new-bee question?

 
ThomasDidymus
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Oct 23, 2015 13:06 |  #1

So I live in Saint Augustine Florida which is a good tourist town. I have always been fearful of taking photos of random people in town. My question is what is the legality of photographing people in a public place? Am I good to go or do I need to steer clear or ask permission before taking someones photos that I do not know?


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Dan ­ Marchant
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Oct 23, 2015 13:15 |  #2

Street photography is legal in the US, but that doesn't mean someone wont punch you in the face if you stick your lens up their nose. As with most things exercise caution and be polite.


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ThomasDidymus
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Oct 23, 2015 13:43 as a reply to  @ Dan Marchant's post |  #3

That is what I thought, I am good a catching candid shots around family and figured it would be a good way to build my portfolio by catching candid of people that had no clue that they were being photographed


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Bassat
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Oct 23, 2015 13:48 |  #4

It is best to just completely avoid grade schools, playgrounds and children in general. The only time I take a camera to a playground is if I also take a child with me.




  
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tonylong
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Oct 24, 2015 00:04 |  #5

ThomasDidymus wrote in post #17757409 (external link)
So I live in Saint Augustine Florida which is a good tourist town. I have always been fearful of taking photos of random people in town. My question is what is the legality of photographing people in a public place? Am I good to go or do I need to steer clear or ask permission before taking someones photos that I do not know?

If you're in a public place, shoot away! There are issues, though, if you intend to use photos for "commercial" use, which is why people carry "releases" if they are doing pro/commercial shooting!


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gonzogolf
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Oct 24, 2015 00:19 |  #6

ThomasDidymus wrote in post #17757456 (external link)
That is what I thought, I am good a catching candid shots around family and figured it would be a good way to build my portfolio by catching candid of people that had no clue that they were being photographed

What sort of portfolio are you building? The reason I ask is I hope you arent expecting to take snapshots of strangers to market yourself as a portrait shooter. Shooting street photography gives you a portfolio of street photography, which for 99.9999 of shooters is not particularly profitable.




  
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ThomasDidymus
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Oct 24, 2015 14:10 as a reply to  @ gonzogolf's post |  #7

I really want to be an event photography for my church as a way to make some extra income. The church connected to my school has payed interns and the church I am attending here has events that I am sure could use someone that can photograph. It would never be a lot of money but anything that can help me buy new gear and stay connected to both my passions is great.


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ebiggs
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Nov 02, 2015 10:26 as a reply to  @ ThomasDidymus's post |  #8

I have been a high school event photographer for several, many, years. Our school has the students sign a release as part of the enrollment package. I think most schools do so. Parents must opt-out if they don't want photos of their child published.
In middle school and absolutely elementary school do not take any photographs of the kids faces and publish it.
Technically, in a public place you can take pictures of anything you want. Public places include parks, sidewalks, malls, etc. Even though it’s technically private property, being open to the public makes it a public space.
Of course this has some moral restrictions, as in young children. It may be legal to take their picture but what if something went wrong and was because of your photo? Certain government sites and such are off limits, too.

On private property open to the public, the mall, baseball park, parking lots, etc, taking photographs is by no means an illegal act and is not subject to any kind of reprimand whatsoever. But you must, or should, respect the request to stop or refrain form doing it. They can charge you with trespassing. However, your camera and its content are private property and no one has the right to take your photos or your equipment.

If someone is featured prominently in a photograph, not incidentally, you have to ask that person for a release if you want to sell the photograph for publication. Celebs or not, doesn't matter. But if celebs are in a public place laws apply to them as with any ordinary person.

Lastly, I repeat, while you can take pictures of children without their parents permission, don't do it. Clear?


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ebiggs
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Nov 02, 2015 10:29 |  #9

BTW, school event photography does not pay well.:rolleyes: Public schools don't have money!


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gonzogolf
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Nov 02, 2015 10:53 |  #10

ebiggs wrote in post #17769347 (external link)
I have been a high school event photographer for several, many, years. Our school has the students sign a release as part of the enrollment package. I think most schools do so. Parents must opt-out if they don't want photos of their child published.
In middle school and absolutely elementary school do not take any photographs of the kids faces and publish it.
Technically, in a public place you can take pictures of anything you want. Public places include parks, sidewalks, malls, etc. Even though it’s technically private property, being open to the public makes it a public space.
Of course this has some moral restrictions, as in young children. It may be legal to take their picture but what if something went wrong and was because of your photo? Certain government sites and such are off limits, too.

On private property open to the public, the mall, baseball park, parking lots, etc, taking photographs is by no means an illegal act and is not subject to any kind of reprimand whatsoever. But you must, or should, respect the request to stop or refrain form doing it. They can charge you with trespassing. However, your camera and its content are private property and no one has the right to take your photos or your equipment.

If someone is featured prominently in a photograph, not incidentally, you have to ask that person for a release if you want to sell the photograph for publication. Celebs or not, doesn't matter. But if celebs are in a public place laws apply to them as with any ordinary person.

Lastly, I repeat, while you can take pictures of children without their parents permission, don't do it. Clear?

You overgeneralize the need for a release. You do not need a release for publication if the image is used as part of news article or published as a work of artistic expression. You would need a release if the image were to be used commercially. Commercial use is when an image is used to advertise or endorse a product.




  
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ebiggs
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Nov 04, 2015 15:57 as a reply to  @ gonzogolf's post |  #11

"You overgeneralize the need for a release"

You never need a release if you don't get caught. To be safe, get the release. Just my .02 cents and worth every penny.


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Xyclopx
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Post edited over 4 years ago by Xyclopx. (3 edits in all)
     
Nov 05, 2015 18:36 |  #12

just want to clarify a few things, and point out possible errors:

ebiggs wrote in post #17769347 (external link)
On private property open to the public, the mall, baseball park, parking lots, etc, taking photographs is by no means an illegal act and is not subject to any kind of reprimand whatsoever. But you must, or should, respect the request to stop or refrain form doing it. They can charge you with trespassing. However, your camera and its content are private property and no one has the right to take your photos or your equipment.

to clarify this a bit, here is the deal from my research: you can take pictures pretty much anywhere (except in special cases). now in public areas there isn't any issue. however, in private areas you can also take pictures. however, you can only do so until told not to--and this request must come from an authorized person, meaning not just a random joe who doesn't want his picture taken. a security guard or such would be appropriate. at that point you must stop. and they have no right to take the pictures away from you or delete them or confiscate property.

If someone is featured prominently in a photograph, not incidentally, you have to ask that person for a release if you want to sell the photograph for publication. Celebs or not, doesn't matter. But if celebs are in a public place laws apply to them as with any ordinary person.

i don't think this is true. you can sell "art" and other forms. you only need the release if for "commercial purposes". that said, you probably still need the release to sell, but not because of the law, but because the buyer may demand it to cover their butt. however, i think technically it's legal to sell for non-commerical purposes.

Lastly, I repeat, while you can take pictures of children without their parents permission, don't do it. Clear?

why? ain't nothing wrong with it. sure, others may violently disagree, but should you always let bad opinions prevail? stand up for what is right. however, in this instance i am unclear whether children represent an exception to the rule--some info implies you always need a model realease for children, but i could have read that wrong, and in that case it might mean the model release for children is different than for adults, but not necessarily needed. anyway, you'll have to do your homework on what is required for kids.

i am not a lawyer, but this is from extensive research into this. use at your own risk.


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Left ­ Handed ­ Brisket
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Post edited over 4 years ago by Left Handed Brisket.
     
Nov 05, 2015 19:36 |  #13

this is the best description of when a model release is required that i have ever seen on the web:

http://danheller.blogs​pot.com …about-model-releases.html (external link)


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Wilt
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Post edited over 4 years ago by Wilt. (7 edits in all)
     
Nov 06, 2015 10:03 |  #14

Left Handed Brisket wrote in post #17773766 (external link)
this is the best description of when a model release is required that i have ever seen on the web:

http://danheller.blogs​pot.com …about-model-releases.html (external link)

Article quality is not disputed, I feel it is a long way of saying simply,

"If the photo of a person is not ultimately to be used commercially i.e. in the promotion of a service or product, or promotion of the agency of said service/product, you do not need a release".

I will admit some uncertainty about my above summary in this situation:


  1. Person B takes a photo of Person C
  2. Person B makes a print for display in Agency A's gallery, for sale as A Piece of Art by Person B
  3. If Agency A prints a brochure to promote Event E as 'Works of art by various artists, such as Person B, Person X, etc. at Gallery G' all to be sold by Agency A at Event E (in their gallery)


...does Person B need a release from Person C, because Agency A is promoting their business of selling art on commission?!

It would seem the article deals with that uncertainty in the statement:

" disputes about whether a given publication of a photo of someone could be construed in such a way, but the dispute gets closer into the safety zone when that publication is a form of artistic expression. The First Amendment of the US Constitution protects "artistic exhibitions" (and publications) as a form of free speech, so consent from anyone else—by definition—is never required. Money or profit has nothing to do with whether a work is published or "depicted in an artistic manner."


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Luckless
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Nov 06, 2015 10:20 |  #15

Also keep in mind that laws and regulation vary greatly around the globe. For instance France apparently has some fairly hardline laws around a person's image while out in public. Even in the US laws apparently vary state to state, with some not technically needing releases from my understanding, but generally a good idea to collect them when you can if you ever suspect that a photo may be used for promotional purposes.

The whole "It is better to have and not need than to need and not have" kind of thing.


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