If what I shoot is for commercial use, I get a model release. Simple as that.
ALGONQUIN TREKS & Images
We have model releases from every person, on the web site, and they include famous sports personalities and CEOs of major corporations. The only person that ever turned me down was a female lawyer, who claimed my model release was too general.
Maybe she was planning to go skinny dipping, I don't know.
But for personal use, I generally don't even ask, unless I need the person to pose. A TV station should have known better.
Originally posted by sqrrl Being in public isn't an agreement to let people photograph you
I beg to differ, if you're standing in front of what I'm photographing, I don't have the right to ask you to leave, And you don't have the right task me to delete the image, as long as it's for personal use.
It's my understanding that in a place like this I am under no obligation to get a model release, unless two things occur. One, the person is recognizable and the images is of commercial value because of their likeness and, I use their image commercially. If i was to put together a book and sell it, it might be different, but probably not unless they could show having people recognize them influenced their decisions to buy the book. If it was a best seller however, I'd send them signed copy if they asked. In your case it could be argued that a reasonable person would assume you are a drug user. What most of us do is very different from that. These people are tourists being tourists.
But for shots like this.... I ask. I don't have to, but I do, just to avoid needless nasty confrontations.