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04/19/2005 02:02:07 PM · #26 |
IMHO, to get a true 'candid' you have to shoot the shot without the person being aware, so I think you're stuck asking permission after the fact.
I was at the Art Centre for a function this weekend and a photographer snapped a shot of my kids & I, but asked if it was OK just a second before she clicked, I had no time to reply, so she probably got a shot of a pretty dumb look on my face. OK, so I usually have a dumb look on my face, so it probably made no difference.
:-P |
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04/19/2005 02:08:24 PM · #27 |
Originally posted by Strikeslip:
IMHO, to get a true 'candid' you have to shoot the shot without the person being aware, so I think you're stuck asking permission after the fact.
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not necessarily...you don't have to take the picture right after asking permission--you can wait until they have forgotten about you, or until they are engaged in something other than paying attention to you.
Originally posted by Strikeslip:
I was at the Art Centre for a function this weekend and a photographer snapped a shot of my kids & I, but asked if it was OK just a second before she clicked, I had no time to reply, so she probably got a shot of a pretty dumb look on my face. OK, so I usually have a dumb look on my face, so it probably made no difference.
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lol...however, as a photographer, you can decide what type of name you want to make for yourself. do you want to be known as 'hey, that's the guy who took a really cool picture of me' or 'hey, that's the a$$ho who embarrassed me' |
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04/19/2005 02:11:21 PM · #28 |
Found this online:
When it comes to photographing strangers in public places or using photographs taken in public places there are a couple laws that you should know.
The first law is the copyright law. Once a photographer has published his/her photos they are legally copyrighted by the photographer. This means that if you are using any photos that you did not take yourself
or do not have a license from the photographer for, you are breaking the law, whether the images were taken in public or not!
The second law you should know is the Right to Privacy law. This law states that while in public you have no right to privacy. So can you photograph anyone you choose who is in public and use those photos
commercially? Not exactly....
1. In order to photograph people in public and use the photos commercially without a model release you must be in a public place yourself while taking the photos. This means if you are photographing
your neighbor walking down the street in her bikini in order to use these photos commercially you must be in the street yourself! You cannot take the photos from your home or yard.
2. A public place is property that is not owned by an individual or company. This means that while the mall may be open to the public, as far as photographing people in the mall and using the images commercially is concerned, you should have a model release to protect yourself from lawsuits initiated by the individuals you are photographing because the mall is actually private property owned by omeone and under the Right to Privacy law is NOT public property. While parks and other properties may be owned by the city/state/county and not by an individula or company, you should consult an attorney before taking photos and using them commercially on properties such as these. By law these properties may not be considered public, but private since they are owned by someone. The only public property you can be sure of is sidewalks and streets. |
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04/19/2005 02:33:07 PM · #29 |
| I was about to post the real rules of photography in public places, but We1mx3 saved me the time. This is correct. If you are in public and the subject is in public, there are absolutely no laws saying you cannot take photos. |
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04/19/2005 02:41:47 PM · #30 |
Originally posted by rebelo:
I was about to post the real rules of photography in public places, but We1mx3 saved me the time. This is correct. If you are in public and the subject is in public, there are absolutely no laws saying you cannot take photos. |
the issue isn't so much the taking of photos, it's what you do with them after you've taken them. read more about it here.
Message edited by author 2007-02-23 05:28:13. |
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04/19/2005 02:49:00 PM · #31 |
be aware that some of these rights people are speaking of are based on USA rights
if you try to assert the same 'rights' in a different country you may run into problems ...
(though in this respects Canada's laws seem to be inaggreement with USA)
on a side note:
i was at a PhotoDay at a local agricultural museum on the weekend and way down on the set of rules was a line about waviers & permissions & can't submit to the contest without, etc ...
yet there were legions of snappers & serveral (d)SLR users .. i saw no one requesting permissions, or signing waviers ..
(and neither did i , but i came with my own kids^H^H^H^H models ;)
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04/19/2005 02:51:19 PM · #32 |
| Wow. I am glad I wasn't the only one that wasn't sure about all of this... |
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04/19/2005 03:01:37 PM · #33 |
To further muddy up the water: One other law that I've run across and is very relavant to commercial use is the "Right of Publicity."
This one generally only applies to actors, models, and the like who make their living off of their appearance, BUT... in some states, the law includes the everyday Joe and Jane.
So...if you really want to be sure you can use a publish a photo (including on DPC/internet); whether or not for commercial gain, use a model release form or else become an expert on Privacy/Copyright/Publishing law including both federal and state arenas.
state by state summaries:
//www.quirkandtratos.com/article_rightpub_privacybystate.htm
edit: spelling / formating / added link
Message edited by author 2005-04-19 15:13:06.
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02/22/2007 09:31:41 AM · #34 |
can any one tell me the english rules, re selling photos, taken in public places, with people in the shot
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02/22/2007 09:59:04 AM · #35 |
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02/22/2007 11:17:00 AM · #36 |
Thank you, this makes things a lot clearer. Ken
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02/22/2007 06:07:20 PM · #37 |
| You only have to ask for permission if you are going to use for advertising purposes, like including them in a ad. If not then everyone is fair game out in the public eye. |
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02/22/2007 06:12:13 PM · #38 |
Everytime I think about this topic or consider taking pictures of strangers on the street, I am reminded of this great picture that  goodman snapped.
You gotta love his expression (and the title is so appropriate).
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02/22/2007 06:26:56 PM · #39 |
Originally posted by ralph:
be aware that some of these rights people are speaking of are based on USA rights
if you try to assert the same 'rights' in a different country you may run into problems ...
(though in this respects Canada's laws seem to be inaggreement with USA)... |
You raise a good point re varying laws according to countries. Canada's laws, specifically, vary from those of the US in this respect, as they are largely subject to interpretation (by court and judge). Privacy laws are far reaching in Canada, when compared to the US - caution!
And, as an aside, remember that anyone can sue in any country. It can be costly, just to proceed. You may have the likelihood to win a case spoiled by your financial inability to proceed...
Something to think about...
Message edited by author 2007-02-22 18:27:17. |
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02/23/2007 02:51:22 AM · #40 |
thanks  howzit for the bump,
heres another recent one |
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02/23/2007 06:09:07 AM · #41 |
Originally posted by ralph:
be aware that some of these rights people are speaking of are based on USA rights
if you try to assert the same 'rights' in a different country you may run into problems ...
(though in this respects Canada's laws seem to be in aggreement with USA)
o |
You might find that this does NOT hold true in some instances in the Province of Quebec Ralph. I will endeavour to find the court decision rendered in this instance and post it later when I return from work.
Ray |
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