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FORUMS Photography Talk by Genre General Photography Talk 
Thread started 31 Dec 2010 (Friday) 21:06
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Do I have the right or not? - Shooting in public

 
Rivest
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Dec 31, 2010 21:06 |  #1

This has been talked a bit here but I want to know it clearly. It's often a discution between me and the girlfriend so I figure I'll ask here to get an answer.

Let's say I'm in a public park and see a nice couple holding their hands while walking. I grab my camera and snap them. I can, I'm in a public parc.


Now I do not want to discuss about what is polite/right/ethical to do, I want to know my rights. Answer appropriately.

Now my questions are as follow:

1- Can I put them on my website let's say portfolio if it's an awesome shot? Is that consider advertissement (which I can't do since I don't have their permission) or I have the full right to put them on the internet, without their approval?

2- What if they saw me taking the picture and want me to delete it. The problem is, that is the best picture I ever took. Can I still keep it even if they want me to delete it? Again, can I use it for my portfolio?

3- Let's say I am contacted by someone who saw the picture on my website. He finds it awesome and want a 20x24 print, for his own personnal use, to hang in his living room. Obviously I cannot contact the couple, I don't know them and took the picture 3 years ago (example). Is there a way I can sell the picture or absolutely not?

4- Next situation. I'm in a gymnasium, snapping pictures of teenagers playing soccer. I'm on a private propriety and no sign/rules says no pictures. Can I snap as much as I want and put them on the website?

5- What if someone doesn't want me to take thier picture but it turns out it's the best sport picture I have ever snapped. Do I have the right to put it on my website? I know I could receive a cease and descise letter and would remove it accordingly but if I don't, can I keep it?

I'm sorry it's a lot of questions but I want to know my rights and their rights. If they approach me, I don't want to answer them b*llsh*t.

Thanks to any of you who will answer those questions for me. If you have any experience/reference, I'd be happy to know them :)


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Veemac
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Dec 31, 2010 21:18 |  #2

Specifying what country you live in may help people give relevant answers. The laws on such things vary from place to place.


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Rivest
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Dec 31, 2010 21:21 |  #3

Canada. But I want to know for US also ;)


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bdp23
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Dec 31, 2010 21:30 |  #4

In broad strokes, when you press the button and you're on public property, not violating privacy by shooting through cracks in a fence or up skirts, and you're not harrassing people (ahem, paparazzi), you're fine to do non-commercial things with it. You cannot be directed to delete the photos and I'd request they call the police to attend if they start to get nasty, more for your protection if they get violent.

For specifics, it depends on your local laws.

In practice, don't get nasty or know-it-all if asked to delete a photo. If they want to call the police I'd agree with them and make sure they do it, in case they get violent. Start by being friendly and hand out a Moo card with your Flickr stream. Any harassment they might start with once they get home is on record.

I know that I'm sounding very cynical, but it's better to go ahead and shoot rather than hold back in fear of what might happen. Just smile and be prepared to listen to rude people call you nasty names.


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gjl711
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Dec 31, 2010 21:34 |  #5

This is a good document to keep in your bag and spells out much of what you are asking.
http://www.krages.com/​ThePhotographersRight.​pdf (external link)


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TooManyShots
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Dec 31, 2010 21:37 |  #6
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As long as you are outside and away from your own personal property, you are in the public. People have no rights to ask you to delete your photos or even to prevent you from taking photos on the street. However, it is not courteousness or polite at all if you were asked to delete the photos and you refused and citing the law to be on your side. Same thing with the law enforcement. Unless you are capturing some big police or government cover up, go delete the photos if you were asked by a police officer. However, I wont do it if a private security guard is giving me a hard time. :)


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gjl711
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Dec 31, 2010 21:48 |  #7

TooManyShots wrote in post #11550274 (external link)
As long as you are outside and away from your own personal property, you are in the public.

Not true. Many places outside away from your own personal property is not public property, but someone elses private property. This holds true for just about any building, shopping center, home, store, bar, tavern, restaurant, race tracks, and many museums. The owners of those properties are free to set whatever policy they want.


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Rivest
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Dec 31, 2010 21:50 |  #8

Thanks that is kind of what I was thinking. But what about my portfolio (when I'll build one...) is that considered advertisement?

Oh and I know that if asked to delete, I would probably be polite and delete (if I don't care about the picture), but if I did care, I wa ted to know if I could keep it.


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Todd ­ Lambert
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Dec 31, 2010 21:58 |  #9

Well, I wouldn't delete anything for anyone, including law enforcement. If a judge asks me to delete them, then I will.. but anything short of a court order, forget it.




  
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Rivest
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Dec 31, 2010 22:03 |  #10

^^ Thanks. But what about putting them on your website? Portfolio?


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Todd ­ Lambert
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Dec 31, 2010 22:09 |  #11

If you can make out who the person is, then it can't be used for commercial purposes(without a release).




  
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Rivest
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Dec 31, 2010 22:12 |  #12

Is a portfolio/website considered commercial?

What's the point of shooting them if you can't show the shot?


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focus.pocus
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Dec 31, 2010 22:16 |  #13

Todd Lambert wrote in post #11550389 (external link)
If you can make out who the person is, then it can't be used for commercial purposes(without a release).

not entirely true... paparazzi do it all the time... as long as you are on public property and the person or persons being photographed are on public property you can use it... you can't copywrite it however without a release...


I know, right? I'm just sayin'...

  
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Dec 31, 2010 22:21 |  #14

In the US, if someone is in a 'public' location and they do not have a reasonable expectation of privacy (e.g. private event) they cannot prevent you from photographing them. However, while you might be able photograph them, and while you can use this in a web site which you keep as a non-commercial manner, you CANNOT use that same photo in any COMMERCIAL manner. Unless you have signed model releases, you cannot...

  • Sell the rights to use the photo to anyone else for any commercial use
  • Use the photo yourself to promote your own commercial enterprise (no window display photo, no brochures, no advertising, no use on a web site promoting your business

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TooManyShots
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Dec 31, 2010 22:24 |  #15
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gjl711 wrote in post #11550316 (external link)
Not true. Many places outside away from your own personal property is not public property, but someone elses private property. This holds true for just about any building, shopping center, home, store, bar, tavern, restaurant, race tracks, and many museums. The owners of those properties are free to set whatever policy they want.


Hmm...no. I believe the OP is considering photos of people in these settings. I believe he isn't taking pictures of the establishments.... No, I don't believe within these establishments the owner can dictate if you can or can't take pictures of other guests in the building..... Most major museums are public buildings.


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Do I have the right or not? - Shooting in public
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