Law and Streetphotography
Hello Tookapikers,
I shoot often in streets, I often receive some questions, did you take the permission to shoot people in street? indeed sometimes I isolate my subject and the photo may take a portrait aspect, in this case I don't have a good convincing answer.
Any advise for taking safely photos in the streets.
Any help is appreciated :)
Abderrahim Indeed, it becomes portraiture, thanks for the link.
Paweł Kadysz Taking photos is one thing. Publishing them or even worse - trying to sell them is whole another story. I went through out stock photos library recently. 92% of the photos people were trying to sell was breaking terms.
Pics containing logos and trademarks, clearly candid street portraits, celebrities, politicians... I even saw a photo of Bernie freaking Sanders - someone actually thought it would be a great idea to put that on sale.
Abderrahim I agree with you, in this case the frame may contains many things we don't know. ( property, logos, sensitive areas....), thank you Pawel :)
Tomek Zimnocho all depends where you are shooting. Laws in different countries are different. I have no idea how it looks like in Morocco, but if you would try to visit Poland (I'm avoiding shooting street there), UK or Netherlands (yes, in general you can take and publish photos taken in public space, but not earn money without permission) :)
Ian Prince As far as I understand it actually breaks Swiss law if the person in the published photo can be recognised, unless you get permission. Apparently the laws differ from country to country, but then again I'm not a lawyer... and even for lawyers it's ...err... complicated, as described here: blog.droit-et-photographie.com/le-consentement-a-une-atteinte-a-limage-en-droit-suisse
Abderrahim Thanks @Ian and @Tomek still laws are not clear when it comes to street photography , there is a battle between freedom of expression and right of privacy as detailed in this article. artlawjournal.com/is-street-ph...
I go with freedom of expression in the meantime keeping my limits.
ponzu A few thoughts.
1. It depends on the country. You have to ask this question specifically for the country or countries you shoot in. In the US, it is legal to photograph anyone in a public place. It is legal to post their photos online. You need their permission (modeling release) to sell photos as stock or otherwise.
2. One needs to be careful about taking advice from Eric Kim. What Eric Kim does works for Eric Kim and adds to his notoriety. If you don't want to be notorious, err on the side of shooting less aggressively.
3. Intent counts. If you have good intentions, it is easier to explain your "street portraits" both to the person photographed and to the audience.
At some point, I was fascinated by street photography, primarily street portraits, by Thomas Leuthard. He published a book (among others) that he titled "Collecting Souls" issuu.com/thomasleuthard/docs/... While it is a catchy title, and his intent may be good, that title put me off. The book is well worth reading (link above). Thomas has since publicly quit photography.
ponzu This has nothing to do with the legality, but is a fun read. On Page 83 in his book "Going Candid" issuu.com/thomasleuthard/docs/... Thomas Leuthard lists some of the reasons he gives people for shooting or wanting to shoot their portrait.
Abderrahim Thanks a lot @ponzu for letting me know about Thomas Leuthard, sometimes I face some issues in street, here we have no clear law about street photography, I already written a little experience while taking photos in street: abdosph.wixsite.com/photos/sin...
Tomek Zimnocho
After quick research i found this
tripadvisor.co.uk/ShowTopic-g2...
Top answer seems interesting (and you can always talk to people afterwards). Hope it will be helpful
Abderrahim Thanks for the link, most of the exchange is true.
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vividcolourfabric Some say if you're asking for permission, then it's not street photography. erickimphotography.com/blog/20...