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Is it legal to shoot people in the street?
From what I understand your image in the street does not belong to you unless used for direct commercial purposes, such as advertising. I'd like to hear more of real world experiences rather than legal advice from photographers  May 11 05 11:58 pm Link Posted by dB.: :0) I never heard a photo not belonging to the photographer, sorry but maybe I am missing your question? May 12 05 12:00 am Link Posted by (MGAphoto) ANT: Lol. By "your" I meant you as the subject May 12 05 12:16 am Link You always belong to you. I think what you're not understanding is this uis a matter of privacy rights, not ownership. You have no reasonable expectation of privacy if you're hanging about in a public space. May 12 05 12:21 am Link as I understand it... People in public places have no legal expectation to right of privacy, after all they're in public. My rationale is if it is a large group I shoot away. I'm not shooting one person, it's "The Public". Now if you are selectively singling out one person and you want to sell the image...Well I have heard about Photogs that carry around like $20-$50.00 in ones, hand them a one dollar bill in exchange for a signature on the model release you have with you, exchange of values and a signed model release! No Worries! That's my $.02 May 12 05 12:22 am Link Posted by theda: This is definitely true with what you are asking! Take any tabloid you see where they feature movie stars. The reason they can't get sued for most of the images is that many are taken in public places such as the beach. So if you see Britney Spears topless in South Beach, take a photo, sell it to the Star, and it is on the cover of the magazine, she can't do anything because she was in public. May 12 05 12:26 am Link You have no reasonable expectation of privacy if you're hanging about in a public space. So when I put my finger in my nose and a photographer takes a picture only to make a 25x250 poster on Houston and Lafayette, it's ok? (Granted, I shouldn't be putting my finger in anybody's nose.) May 12 05 12:26 am Link Yup. Technically, you can. May 12 05 12:31 am Link You are confusing "copyright" issues and "model release" rights, which seems pretty common. Legally, you can photograph anything you want, so long as you are in a public place. See Bert Krages web page on Photographer's rights: When a photographer presses the shutter button, he/she automatically owns the copyright to that photo/image (there are exceptions, like work-for-hire, where the employer owns the copyright instead of the photographer). The photographer owns that photo and controls the rights and who can use it under what circumstances. A model release deals with using a person's likeness for commercial purposes, such as advertising a product or service. Generally, you can use a photo of someone without a model release for editorial purposes (such as in a newspaper or magazine news article) without a model release. But that same photo could not be used to advertise a product unless you have a model release. Say, for example, I see Brad Pitt walking down the street, and happen to have my camera with me, and take a photo. I'm not working for anyone else, so I automatically own the copyright. The image is mine. Unfortunately, Brad Pitt won't sign a model release for anyone who snaps his photo in public, so I am limited in what I can do with that photo. I can make prints for myself, and for use in my portfolio. I can sell image rights to a local newspaper for a story about a movie he's filming in town (editorial use). I can not sell it to a newspaper for a story about child molesters (that would be slander). I can not sell the photo to an ad agency for a beer ad (that would be commercial use). Generally, most street photographers are using their photos for gallery prints, or editorial use. For the most part, none of those photographs can be used for commercial purposes. May 12 05 12:32 am Link http://www.danheller.com/model-release.html this is the best article I've seen on this topic. It's a complex issue so there is no simple answer. Read it. May 12 05 12:41 am Link Is it legal to shoot people in the street? No. But if you must, use a light tranquilizer gun and be sure to have a videocamera to capture the hilarity that ensues. May 12 05 02:10 am Link Posted by dB.: Think girls gone wild Havasu. God I have HOURS of footage from havasu.... LOL May 12 05 12:00 pm Link UNderstand the usage of any image of a person shot on the streets of any city. First is this a iage used for editorial or advertising, so either you have an art directing or assistant running down each person with a model release to get approval for that image or you as the photographer needs to stop being stupid and understand the business of photography and thinking just shooting you have all these freedoms out there. Then you get into another ball game when it's not only that person you have to deal with but you shot them in front of the Hard Rock Cafe....so that building is out of foucs you say.....property release...if they give it to you...slim picking going there.....but the bottom line is always have a paper trail when you are shooting no matter in the streets of Sf or downtown Detroit..... and understand the usage of that image May 12 05 12:10 pm Link Where can I get away with getting my picture taken naked in the middle of the city streets? I have been trying to get naked locations for a long time now. (And no, I don't only do nudes, and I don't know why some silly photographers keep acting intimidated by all my naked pictures...lol) May 13 05 08:18 pm Link Just don't get caught lol..... Like imagine posing nude in public...as long as no one says anything lol... May 13 05 08:19 pm Link Posted by Lapis: I dunno. I'd love to do a shoot like that too. But be careful. I personally know a female photographer who said she was shooting nude pictures in some secluded area with a female model. A cop caught them and fined BOTH of them. May 13 05 08:32 pm Link Posted by Lapis: I do believe it is legal in NY for an artist won a case against the city for doing so. The name escapes me at the moment. May 13 05 08:36 pm Link Hey...I'm there, but only if you do TFP. lol. Don't want to be underneath your window and have to pay to get some pics of it. May 13 05 09:02 pm Link I shot a campaing last year for an Internet company that sells underwear online...there were 20 models, males and females walking in underwear for Times Square, interviewing people and asking what kind of underwear they were wearing...including Police officers. Of course they weren't naked. After we finished we all took the subway, my best photos were the peoples faces. Nudes? the police will stare for a short time and they will take you away. If you are wearing long coat and you just open it at the time of the click...I guess you will escape. If you get caught, as Eric said... the fine is cheaper than the permit May 13 05 09:17 pm Link Posted by Lapis: Oh you want me to shoot you. I just wanted to throw water ballons at you. May 13 05 09:19 pm Link If it was illegal you know how many famous people would be sueing photographers for taking their pictures on the street and most times it ending up in a magazine. May 13 05 09:23 pm Link Oh. how did you know that was actually what I wanted all along and was afraid to ask? May 13 05 09:25 pm Link Think pap photographers. How do you think they make their money?! It's legal if the person is in a public space. May 13 05 09:29 pm Link Posted by Serpentine Kiss: it has to do with privacy..if you are a citizen in a public place..your pic is snapped..that image could wind up in the newspaper and theres nothing you could do about it..if that image wound up in an advertising..you could sue if you were the subject in that image.. May 13 05 09:34 pm Link If you are talking about publishing the photos in a newspaper or magazine then do some research on "public people" vrs "private people." I know it sounds weird, but there are some real rules. Famous people (stars, sports pros, actors, mayors, city officials, etc) are public people. The average joe blow American citizen is a private person and you need to get a model release. However, if the "private people" are attending an evet like a parade, sports game, etc....then they are free game. This is info is from the newspaper side of photography. May 14 05 12:16 am Link Posted by dB.: It's illegal to shoot people period. Remember what happened with the sniper? He shot lots of people in the street. Now he's doing life! May 14 05 04:05 am Link Posted by Lapis: ask Courtney over in NJ, I think she posed nude in NYC for a Marie Claire Centerfold spread sometime last year. After it got published, I believed she was fired from her day job. Her OMP # 2845 (or MM #1419, however, her OMP port has more of her nicer work) May 14 05 07:01 am Link Posted by marksora: His name is Spencer Tunick. He;s more more important for that court case than his "art work." You could prtobably win such a case anywhere int he US if you were willing to fight it. May 14 05 11:07 pm Link That's it but the police will still arrest you or hassle you even if they are wrong. May 14 05 11:09 pm Link Posted by marksora: DAMN THE MAN! May 14 05 11:22 pm Link |
