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Question for those that deal with privacy and street photography


9 years 8 months ago #394305 by D Hornick
Hey all, I just signed up here.  As I mentioned in my intro, I really enjoy landscapes and portraits.  Both of these deal with little privacy (landscapes) to consensual privacy(portraits).  Now there are two areas I'm really interested in exploring, one is night time photography, which again doesn't deal too much with privacy issues and street photography.  

What I would like to know, is if you are out in city environment for example and let's say across a busy intersection, is a woman getting proposed too by a guy, and it just visually frames up nice in your head.  Clearly you have the obstacle of the busy intersection between you, and you have the timing against you as well.  Do you take the shot, or do you cross the street when timing and safety permits and ask the couple to do everything again?

What are circumstances where you just take the shot and those times that you don't? 
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9 years 8 months ago #394322 by W Cage
Take the photo, then go show the people, offer to send them copy and get model release 
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9 years 8 months ago #394326 by garyrhook

D Hornick wrote: What are circumstances where you just take the shot and those times that you don't? 


There is no expectation of privacy in a public location (in the USA). Take the shot.
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9 years 8 months ago #394401 by Owen
Ok, so you take the shot and its a winner, you want to submit in contest or better yet, to get published in magazine or sold as stock.  Then what?  
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9 years 8 months ago #394469 by Danny Carson
Not me, I take the shot
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9 years 8 months ago #394488 by Stealthy Ninja
I think, generally, in the USA the law is you can take photos of pretty much anything in a public space (including some public transport) and use it as you wish, so long as it is for news, art purposes. It's only when you're going to use your image for commercial purposes that you need a waiver. ART is the key here. You can sell a picture for million so long as it's classed as "art" and not a commercial product.


That's in the USA at least.

In Australia you can use street photos for commercial purposes. BUT if you photograph a person on the street and it seems that they are endorsing a product which they are not (for example they're wearing a Nike t-shirt and you use it for a Nike ad) then you can be liable. Also defamation can make you liable in Australia, though this is hard to prove):

Australian law info here:
www.artslaw.com.au/info-sheets/info-shee...hotographers-rights/
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www.aevansphoto.com
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9 years 8 months ago #394489 by Stealthy Ninja

D Hornick wrote:  Do you take the shot, or do you cross the street when timing and safety permits and ask the couple to do everything again?


Ahhh never... asking someone to repeat a once lifetime event again just because I missed the shot is unreasonably rude... no if I miss a shot on the street like that, it's my fault.  Even at a wedding the photographer won't say "Oh sorry I missed the kiss, please do it again." lol

Can you imagine a sports photographer asking a sports player to reenact his glorious sporting moment because it didn't quite get the shot he wanted?!

HAHAHAHA :rofl:
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www.aevansphoto.com
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9 years 8 months ago #394564 by Jason Oldman
So would that include the use in magazine contest?
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9 years 8 months ago #394612 by Ira Weber
Snap away here, but then again I don't do many contest.  
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9 years 8 months ago #394651 by Jackman
I think most contest will require a release form if the people are the main subject of the image.  
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9 years 8 months ago #394654 by garyrhook

Jackman wrote: I think most contest will require a release form if the people are the main subject of the image.  


If a release is required, it's usually for identifiable people in an image. Not whether they are the subject. It's not clear street photography counts (at least in the US).
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9 years 8 months ago #394657 by icepics
You can take photos in public, whether or not you need releases depends on your intended use. Typically for editorial use such as in a newspaper a release wouldn't be needed for a news story but may be requested (often if you haven't done freelance work for the paper before). For retail or commercial use you'd most likely need a release. To sell an art print that's intended for the buyer's personal use a release isn't usually necessary.
http://asmp.org/tutorials/property-and-model-releases.html#.U-VsPyPD9LM

So with your example, you could take the picture, then go run across the street and get out a 'pocket' release and have it signed (or use an app) and get permission for usage if you feel compelled to do something with the photo (besides just looking at it). Or you could just take the picture for fun then go home and say hey honey look what happened on the way home! LOL and leave it at that.

For contests I think you'd have to read the rules and see if a release is required.
Sharon
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9 years 8 months ago #394680 by Chantel Nasbur
:goodpost:
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9 years 8 months ago #394692 by D Hornick
So many answers!  First let me thank you all for the answers.  I believe I have a good idea now.  
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9 years 8 months ago #394850 by W Cage

icepics wrote: You can take photos in public, whether or not you need releases depends on your intended use. Typically for editorial use such as in a newspaper a release wouldn't be needed for a news story but may be requested (often if you haven't done freelance work for the paper before). For retail or commercial use you'd most likely need a release. To sell an art print that's intended for the buyer's personal use a release isn't usually necessary.
http://asmp.org/tutorials/property-and-model-releases.html#.U-VsPyPD9LM

So with your example, you could take the picture, then go run across the street and get out a 'pocket' release and have it signed (or use an app) and get permission for usage if you feel compelled to do something with the photo (besides just looking at it). Or you could just take the picture for fun then go home and say hey honey look what happened on the way home! LOL and leave it at that.

For contests I think you'd have to read the rules and see if a release is required.



Good post
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