Street Photography - Rights and Legal Issues

[Caboose]

Andrew Waters wrote:

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]

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]

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]

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]

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]

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