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12-11-2006, 09:42 PM   #1
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"Rules" when photographing the public in a public place?

I was wondering if anyone knows what the "rules" are in regards to taking photos that will have other people (the general public) in them? I would imagine some people may protest even if it is taken in a public setting. They seem to look at you funny. Can they do anything about it unless you are actually "stalking" them?

I do know that if you enter some photo contests, the person or persons in the photos must give written consent before the photo will be accepted.

Is there a website that covers this topic? Can anyone give me some info on this?

Hmmm...I am thinking that it would be nice to have a real media pass!

Thanks
Ed

12-11-2006, 10:15 PM   #2
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Changes in various countries... Here in Australia as long as they are not in a position that they could reasonably expect privacy then you can snap away, they have no right to expect privacy in public view...

I don't about Canada though...
12-12-2006, 04:21 AM   #3
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I'm still trying to find a "Canajian" version of the privacy "rules" but suffice to say that having a media pass, real or imagined makes no difference - they're subject to the same rules.

If it's a reasonable close-up where people are recognisable they (the papers) will always ask for permission and a name whereas if it is a wide view at a public event it is safe to "print".

A couple of years ago I was stopped by the Windsor Police to stop photographing the scene of an accident even though I was shooting vehicles and no victims were showing.
12-12-2006, 05:08 AM   #4
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Here is a link I found and saved.

Bert P. Krages Attorney at Law Photographer's Rights Page

12-12-2006, 06:04 AM   #5
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QuoteOriginally posted by Izzy Quote
great site, but I am not sure if it applies to us Canadians
I could be wrong, but I don't think there is a rule against photographing people as long as you don't publish them or do it against there will. I would NOT under any circumstances, photograph any children without the parents permission first, especially myself being a male. It just takes ONE person to get the wrong idea and you can guess the results.
If you are going to publish, even on a website, I think it would be best to have a waver with you. Best to cover your butt, just in case, IMHO. My friend who is a pro wedding photographer always gets permission to publish a photo, even his friends.

cheers
12-12-2006, 09:34 AM   #6
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If you are going for publication of a photo, there are model release forms available on the internet. Print and carry with you. Sometimes people will sign them and other times they want a 'piece of the profits' for their face. Even though you 'may' photograph some people you also will get hassled if they don't want you to do so. It makes getting candids tough but if hassled you can show them that you are deleting their photo from your digital camera right in front of them and that should ease the situation. If you take a picture of police they will sometimes get in your face and want to know why you are taking their picture(s). Not sure if that is a power trip or what. Best to be polite under all circumstances. Should you take a candid of someone that you think is good you could then approach them and get them to sign a model release for exchange of a copy of the photo.
05-26-2007, 11:19 PM   #7
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Hate to disinter this thread from its grave of obscurity.

If you are photographing people's animals, for example, their horse, should or must you obtain any sort of written or verbal permission first before using the images to promote stuff and get rich?

05-27-2007, 03:07 AM   #8
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QuoteOriginally posted by theapodan Quote
If you are photographing people's animals, for example, their horse, should or must you obtain any sort of written or verbal permission first before using the images to promote stuff and get rich?
Unless the person who owns the animal is in the shot. No you don't need any permission. I don't think any one would be able to tell who's horse it is. Now if the person is not in the photo and is near by it would be considered polite to say I like your horse would you mind if I took the picture. Most times the person who owns the animal would be glad to have you take the shot. I know while I was visiting with RoscoT at the Dog show in Harrisburg Pa. if the owner was close by he would ask, do you mind and the owner was very happy to allow the shot to be taken.
05-27-2007, 03:25 PM   #9
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Check out the following sites for more information - and to confuse the issue:
The Law for Photographers / Travel Photography Law / Legal Issues of Taking Photos
Photographing People When Traveling
Basically it comes down to asking - if you ask you will most likely get permission. And by using the term asking - it just might be pointing you your camera and shrugging your shoulders. If you do get to the point where you actually talk to someone - that conversation can lead to some interesting insights - which will only add to your photographing experience.

Here is another good site on copyright.
ASMP: Copyright Application Tutorial

PDL
05-29-2007, 12:17 PM   #10
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Ambient Light - Photography Laws
06-05-2007, 08:43 AM   #11
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There is also the issue of how or where you "publish" the photo. A photo of Harleys coming into DC during Rolling Thunder and printed in a newspaper or magazine news story generally wont require a release (editorial use). However, sell the same photo to Harley for advertising use and a release could be required for every recognizable rider, bystander and even recognizably unique bikes (owners of private property generally hold rights to depictions of their property). By the way, the "publisher" normally incurs the greatest liability and exposure in "model release" situations, not the photographer.

This interpretation is based on my reading on the question...I am Not a Lawyer (not do I play one on TV)!

Last edited by MRRiley; 06-05-2007 at 08:48 AM.
09-12-2007, 11:05 PM   #12
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QuoteOriginally posted by Photo Tramp Quote
Unless the person who owns the animal is in the shot. No you don't need any permission. I don't think any one would be able to tell who's horse it is. Now if the person is not in the photo and is near by it would be considered polite to say I like your horse would you mind if I took the picture. Most times the person who owns the animal would be glad to have you take the shot. I know while I was visiting with RoscoT at the Dog show in Harrisburg Pa. if the owner was close by he would ask, do you mind and the owner was very happy to allow the shot to be taken.
Yes, but did you use the image "to promote stuff and get rich"? That is where the release is required.
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