Steve's Digicams Forums

Steve's Digicams Forums (https://forums.steves-digicams.com/)
-   Tips & Tricks (https://forums.steves-digicams.com/tips-tricks-71/)
-   -   Street Photography - Rights and Legal Issues (https://forums.steves-digicams.com/tips-tricks-71/street-photography-rights-legal-issues-99422/)

Debs_Melb Aug 29, 2006 3:36 AM

Hi guys, not sure if this is the best place to post this topic but I couldn't see anywhere else suitable.

I am really keen on street photography but I was concerned about the legal issues of taking photos without consent. Did a little research on it via google and found some useful information from the NSW Photography Rights and Legal issues website. Apparently it applies to most states in Australia.

1. It is legal to take a person's photo on the street. If a person can look at you then they also have the right to take your photo. This applies to public areasand not private land.

2. It is only illegal to take a photograph if the person is an employee at work and you are taking their photograph without their consent. Also, a photograph cannot be taken if a person's identity is being protected by a court order. ( a bit tricky to know that beforehand if you are just snapping away on the street). Naturally, you can also not take a photograph if it is in a change room or toilet and the images are of a sexual nature.

3. You cannot take a photo if you intend to use it for commercial purposes unless you have the informedand written consent of the person.

4. You can take a street photo and display it on your website without the permission of the persons in the photo, as long as it isn't defamartory, indecent or offesive or being used for commercial purposes (without consent).

5. Children are not afforded any special protection under current law, although personally I would always ask permission before taking a child's photograph.

6. You cannot take photos on private property without permission.

Website: http:photorights.4020.net

Interesting reading, especially for someone like me who loves street photography.

Cheers,

Deb







Razor06 Aug 29, 2006 9:40 PM

That kind of info is always good to know. :cool:

Thanks Deb

shooting_rubber Aug 29, 2006 9:43 PM

yes it is!

shooting_rubber.:?

Trufflepig Aug 30, 2006 3:47 AM

Hi Debs and all

These days there is a certain sensitivity to taking images in some public places- to a point I think its justified but should I be concerned at taking my camera to my son's soccer game?

Its a shame that we have to be over cautious and miss recording our kids going through some of life's stages.

Any thoughts welcomed

Cheers

Mark

shooting_rubber Aug 30, 2006 11:25 PM

Trufflepig wrote:
Quote:

Hi Debs and all

These days there is a certain sensitivity to taking images in some public places- to a point I think its justified but should I be concerned at taking my camera to my son's soccer game?

Its a shame that we have to be over cautious and miss recording our kids going through some of life's stages.

Any thoughts welcomed

Cheers

Mark
I don't think you should be worried about that. I take my camera to football and soccer games and I don't even know who is playing.....

shooting_rubber.



Caboose Aug 31, 2006 12:57 PM

another thing to keep in mind too, is if you take a picture of a privately owned building or structure that is highly recognizable you would have to get a property release to sell or use that photo for commercial use.

marsha7 Aug 31, 2006 1:04 PM

Debs: I appreciate what you have printed, esp that while it is legal to take someone's photo on the street, that they also can ask for it back...just from a point of view of decent manners and good taste, I am surprised at the number of people who feel they have an absolute right to take my photo on the street, as tho I have no input whatsoever as to permission...

Just like freedom of speech does not allow one to yell Fire in an movie theater, freedom to take street shots should take into account whether the subject would allow it if they knew you were doing it...which is also why I am annoyed at those who recommend that you use a long telephoto lens, or a small hidden camera, as they KNOW they are doing something sneaky, and just trying to justify it by finding ways around it so I do not know...those are the people who seem to, IMO, have no respect for MY privacy (even tho I am on a public street) or my desires, and yet I am sure they would be the first ones howling if I took a photo of their child while I was walking on the street myself...

I guess I think it is a simple matter of respect for others, regardless of whether the Constitution allows it, whether or not it is a violation of someone's rights...if they do not respect my desires, as well as my rights, I then have NO respect for them as a photographer and as a human being...

clem Sep 2, 2006 2:40 AM

Thanx for sharing that infor Debs. I didn't even think about legal issues regarding street photography. Oops

Andrew Waters Sep 2, 2006 6:26 PM



Marsha7,

what if someone took a picture of a person standing near you in an amusement park but the picture wasn't of you, and you thought it was? Under the law stated above do you have any rights, other than your 'decency' comments? How would you go about asking the photographer for the picture in light of the factthe photographer is operatingwithin the law, until proven otherwise?



VTphotog Sep 2, 2006 9:41 PM

Photographers' rights vary from country to country. The posted link is for Australia, and should be read as such. The U.S. has similar rules. I seem to have lost the link I had, but the basic premise is similar. If you appear in a public place, you are subject to having your picture taken, and that photo may be published. If the photo is used for commercial purposes and your image is the primary subject of the photo, the photographer may owe you a modeling fee, and may have to have a release. Cases vary. The only universal rule is that if you don't want your picture taken, don't go out in public, or wear a sack over your head.

I don't do much candid photography, and always respect peoples wishes if they don't want their picture taken, but fankly, if I happen to get that one-in-a-million shot, and you're in it and son't want to be, tough.

brian

Caboose Sep 3, 2006 5:46 AM

Andrew Waters wrote:
Quote:


Marsha7,

what if someone took a picture of a person standing near you in an amusement park but the picture wasn't of you, and you thought it was? Under the law stated above do you have any rights, other than your 'decency' comments? How would you go about asking the photographer for the picture in light of the factthe photographer is operatingwithin the law, until proven otherwise?


If the photographer was going to sell the photo, and your face was recognizable in the photo, he would have to obtain a model release from you. Otherwise if it was just a snapshot of the photographer's girlfriend or boyfriend, and you just happened to get in the shot, you really have no legal action to take, you can ask for the picture and the negitive or for them to delete the file, but they really don't have to give it to you. If the photograph was taken by a newspaper photographer to publish in his paper, he does not have to get a model release from you, because he is not selling the photo for profit.

Andrew Waters Sep 3, 2006 8:51 AM



I did get a bit hasty on my reply as I was operating under the similar rule aspect but unduly referred to the Australian position. Thank you. :-)

marsha7 Sep 6, 2006 11:12 AM

You are both correct, as to my legal rights...however, I really expect common courtesy from street photographers, and it just seems to me that many posters have no concern about that at all...it is always what THEY want regardless of what may concern me, and it is THEM taking a picture of me, so yes, it does concern me...

Assert your rights all you want...I am waiting for folks to start being concerned with some common courtesy to others, and taking their picture w/o permission (not including Wall Street scenes with 100s of people crossing the street) comes down to some courtesy, not rights, IMO...

Just some random thoughts from me...:-)

Andrew Waters Sep 6, 2006 3:46 PM



Well you do have a recognizable issue Marsha7.

In that context it does make one wonder,''Why are you taking my picture'' if there are no others around. In this case it would give me pause too. ;)

Debs_Melb Sep 8, 2006 1:39 AM

Hi Guys,

It's an interesting topic and one that has been niggling me for a few weeks now. I am fairly new to digital photography insofar as being on the other side of the lense. Being a multimedia/graphic designer by trade, I've spent many years modifying other people's photos.

When I decided to make photography my new hobby, I suddenly realised that what I really enjoyed was being on the street and recording everyday actions of people.

However, it is not as easy as it looks, especially if you take the legal and moral issues into consideration. I would love to have the freedom to shoot when I want and who I want........but I am also concerned with privacy and doing what is right morally.

Fortunately, I haven't had any problems so far except for last weekend when I decided to go to a popular fishing pier here in Cairns. My intention was to shoot some candid shots.

Yeah.......I don't look like a typical tourist with my tripod, assorted camera bags etc.

I got so many suspicious looks that in the end........I just walked up to a crowd of locals and said....

"Hi guys......I am a localamateur photographer who is trying out a few new techniques on my camera. This setting is fantastic and I would love to take a few photos with your permission"

Everyone bar one lady gave permission. I felt better afterwards but I also felt that I missed out on obtaining true candid shots.

The only personwho truely relaxed and forgot I was there was an eldery gentleman. He set up his stool, transister radio and put on his fishing cap..........and spent the next half hour without acknowledging me at all.

Needless to say, he was the only one that I felt comfortable photographing.

LOL..........I still love it but I need to either get a bit tougher or start loving macro shots of flowers!

jewel45 Nov 23, 2006 5:07 AM

Hi Debs
Thanxs so much for all the info. I have a great passion for candid street photography especially black and white. Peoples faces are amazing and in black and white can so much more. Candid shots are great and you would certainly lose the pic if you had to stop and ask permission. I was only just today coming up a travelator in my local mall and there was an old couple in front of me, the position of their hands holding each others hands would of made a fantastic shot in black and white close up. I felt though that I would of been intruding if I pulled out my camera. Now I know the legal side of things I can snap away more comfortably. I guess to be polite though I would probably ask them after the shot was taken and if they didnt approve would delete it in front of them out of respect. Thanks again.:|
Julie


All times are GMT -5. The time now is 1:01 PM.