legal problem on street photography

[batmax]

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There is any problem if I take some picture of people on the street? what about the privacy law?

[Guest suilvenman]

Check out Barnack's Bar forum and look for the "My fellow criminals" thread. You'll get plenty of ideas for thought there.

 

Cheers, Ken.

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[spylaw4]

There is any problem if I take some picture of people on the street? what about the privacy law?

 

Depends on the country you are shooting in!

[batmax]

I'm from italy but often I travel and take pictures on the street.

In italy we have the "privacy law" , you can not take picture of people and show them if they are well visible in the shot.

[earleygallery]

I'm from italy but often I travel and take pictures on the street.

In italy we have the "privacy law" , you can not take picture of people and show them if they are well visible in the shot.

 

I have raised this before but no one seems to know the definitive answer.

 

My understanding is that the privacy law means that you cannot publish a photograph of someone without their consent (or you can do but are liable to them taking legal action against you). So you couldn't take a photo of a person in the street which would then appear in a magazine, or an advertisement or commercially used in any media.

 

I am pretty certain - but stand to be corrected - that you can take photos in public for your own personal use/purposes.

 

Any Italian lawyers here? (just for clarity, in the UK there are no such laws against photography in public as we have stated in the thread mentioned above).

[Guest stnami]

I was driving out in the country past Bullamakenka Station ...... took a shot of a nice looking Heifer ,,,,,,,,,,,posted the image and now I find myself under the scrutiny of the Privacy Laws Committee

probably due to the influx of paranoid guys with cameras starting treads like this on too many forums ..................... maybe some of you should find a good corner to have a cry in.

or

Try reading the laws that govern the country you live in put an effort and research into your needs and wants

[haris]

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As I can see, more and more free, democratic countries prohibit publishing of photographs with people without written permission. You can photograph people, but you can not publish those photographs without written permission of any recognizable individual on photograph.

 

I am member of APUG forum, and as there is part of forum specially reserved for ethical, legal, etc... aspect of photography, there are many discussions and informations about that issue. As far as I know, it is only forum where legal and ethic aspect of phorography is freely discussed. There you can find for example copy of letter from British government office where is written and signed, that in Britain you can freely photograph anyone on public place. It is good to have, for example if you are in Britain, photographing on public place, some policeperson makes you problems, you just stuck that letter under his/hers nose...

 

About one month ago EU had photo contest and winning photography will be used in EU material. So, EU require that photographer provide written permissions from people on photographs. And I just thought to send them photograph with 1000 people in it photographed 5 years ago...

[HouTexDavid]

You should not have any legal problem in the U.S. shooting pictures of anyone or anything, as long as you are in a public place (possible exception if you were to shoot pictures of a "restricted" place -- military installation, etc.).

 

You can then use those pictures as you wish, display them, exhibit them, sell them, etc. Exception here is if you were to snap a photo of someone and then try to use that image to promote a product with that image without the subject's permission. E.g., if you shot a picture of someone on the street smoking and then made an ad for cigarettes with that image -- no can do without permission.

 

Other than that, go forth and photograph to your heart's content. Some people may not be pleased with you taking their picture sans permission, but they would not have a legal recourse against you as long as you (and they) were in a public place while photographing.

[haris]

And thing is it can be different in one country. For example, in Canada one province has privacy law relatively restrictive considered photography, and other provinces don't have that law. So, you need to know situation in whole country, and in every state, province, county, area, municipality in that country where you currently are.

 

And you still can have probelms. For example you are legally photographing, someone, regardless private citizen or official (police, private security, etc...) makes you problems, attacks you, break or confiscate your eqipment, arrest you. At the end you get your rights, but in meantime it will be wery costly (money, time, nerves, fear, health if you are beaten...)

 

I mean, you still can do street photography and tough times are still exception, but every day is harder and harder...

[earleygallery]

And thing is it can be different in one country. For example, in Canada one province has privacy law relatively restrictive considered photography, and other provinces don't have that law. So, you need to know situation in whole country, and in every state, province, county, area, municipality in that country where you currently are.

 

And you still can have probelms. For example you are legally photographing, someone, regardless private citizen or official (police, private security, etc...) makes you problems, attacks you, break or confiscate your eqipment, arrest you. At the end you get your rights, but in meantime it will be wery costly (money, time, nerves, fear, health if you are beaten...)

 

I mean, you still can do street photography and tough times are still exception, but every day is harder and harder...

 

Haris,

 

I think it is important to keep a sense of proportion!

 

So far, touch wood, I've not personally had any problems in doing street photography either here in the UK or abroad.

 

In most cases the fact is people don't really seem to mind or care. It's important to know your rights (and the rights of those you are photographing) but much comes down to the individuals attitude and approach.

[haris]

Haris,

 

I think it is important to keep a sense of proportion!

 

So far, touch wood, I've not personally had any problems in doing street photography either here in the UK or abroad.

 

In most cases the fact is people don't really seem to mind or care. It's important to know your rights (and the rights of those you are photographing) but much comes down to the individuals attitude and approach.

 

I had, but not real troubles, and I dealed with it with no problems.

 

It is true, most of the times people don't mind or care.

 

Imagine yourself photographing kids in childrens playground. Perfectly legal, and perfect oportunity to you to find yourself in lots of troubles...

 

There is web site dedicated to legal issues in photography: PhotoPermit.Org

[earleygallery]

Well yes, certain subjects would be off bounds not legally but just from a point of common sense. I can understand parents of children being unhappy if a photographer just started taking photos in that sort of instance.

[haris]

Here we come to question:

 

Can we trust the law? Thing is, in theory people should be free to do everything which isn't against the law, and not make harm to others. And if other people don't like something, if that is not against the law, and don't make harm to others, those people simply will have to accept that, even if they don't like it. And if people in one country think something shouldn't be done, that need to be declared as unlawfull by parliament. If one don't break the law, but still can not be sure he or she will not have troubles, than trust to law, government and institutions of country are in question. And if I can't trust institutions and law, then I will take care of my affairs by myself, not through institutions. I will be prosecutor, judge, jury and executor. And that is road to troubles...

 

Tough stuff...

[Guest jimmy pro]

In the US your prolly gonna get hassled more for taking pictures of places than of people. Places like power plants, bridges, etc. that the cops have on there list of terrorist targets. Nobody in the US really gives a crap about personal privacy anymore. If you take a shot of someone who doesn't like his picture took, it's all gonna depend on the guy. If he's basicly law-abiding and has some assets he's scared to lose in a lawsuit, the most you'll prolly get is yelled at. If it's some lowlife, or you accidently took a shot of some major drug dealer, well then things could get rough. My take is, if you haven't got street sense you're an idiot to be out shooting in the streets.

[dennersten]

Depends on the country you are shooting in!

 

yes for instance in Sweden it's ok to shoot at public places and publish them. the only exception are pictures for advertizing purposes where you need a written consent.

[haris]

Here (Bosnia nad Herzegovina), as far as I know, only one article in law say it is forbidden to photograph/video record someone in its private properties. And that's all. And even religious people not making problems. For example in my town 80% of population are muslims. And for muslims as you know photographing them is not something they really like. But, if you phtotograph for example girls from medressa, who dress themselves really beautifully these days, you will have no problems. You can have problems if you photograph women with covered their faces (wearing hidjab or burkha) or males with long bears and short pants, they are ortodox muslims, and you should avoid photographing them, but photographing liberal muslim men or women with only covered their head, but not faces, you should have no problems. Especially if you come to harem of Gazi Husrev-beg mosque, people gathering there are used to tourists take their pictures

 

But it is Sarajevo, other cities I can't tell, depend of situation

[dhsimmonds]

A very good french friend of mine when I asked him about street photography in France which supposed to have stricter privacy laws than the UK, just replied: "it is very easy in France, you just do what you want to do until someone compalins or a gendarme wags his finger at you. If you continue after that then you are in a lot of trouble!"

 

So different from the UK where it seems a policeman waits for you to commit the terrible crime of taking a photograph in a street and then either arrests you or gives you grief for it!

[haris]

I belive we sometiomes make things worse than they are. I am sure that on 1 photographer who has problems with street photography there are tenths or hundreds or thousands photographers who just go and do it. We should all relax a little bit

[farnz]

... My take is, if you haven't got street sense you're an idiot to be out shooting in the streets.

Presumably you learnt your street sense, like everybody else, by actually shooting in the streets. Does this, by your own words, indicate that you were an idiot while you were learning your street sense? Just asking.

 

Pete.

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[sparkie]

I have raised this before but no one seems to know the definitive answer.

 

My understanding is that the privacy law means that you cannot publish a photograph of someone without their consent (or you can do but are liable to them taking legal action against you). So you couldn't take a photo of a person in the street which would then appear in a magazine, or an advertisement or commercially used in any media.

 

I am pretty certain - but stand to be corrected - that you can take photos in public for your own personal use/purposes.

 

Any Italian lawyers here? (just for clarity, in the UK there are no such laws against photography in public as we have stated in the thread mentioned above).

 

So how does this apply to photographs of people taken in public/street photography, then you 'publish' them on a website?

 

All the great photographers of the past such as HCB seem to have gone about taking photos without hassle or harassment. And profit from publications/books without a big fuss. And I doubt he went about walking up to everyone he photographed after the fact with a copyright/release statement. If he did, imagine the responses.. er, whats in it for me, what my cut?

 

Literally millions of images are taken everyday and posted on websites, published in books and sold. Is it a case of take it, publish it and see if someone comes across their image and actually takes the time to trace the photographer and takes legal action.

 

then theres the topic of international law. what happens if a photographer takes an image of someone in country X and sells his coffee book of images internationally?