street photography

[ms London]

Hi all,

just wanted to know if other photographers around the world have restrictions about taking people pictures or pictures of buildings.

[Marko]

Hi Ms London,

It really varies country by country and circumstance by circumstance.

In Canada for example - you can't take pictures of strangers without their written consent. Obviously people do - but they can get sued (ESPECIALLY) if they are making money from the photograph. But you can take pictures of people in the public eye (politicians, celebrities) as they are fair game.

In terms of buildings - good question. The interior, forget about it - you would need permission. The exterior might well be fair game, especially public buildings.

Hope that helps,

Marko

[tegan]

Hi Ms London,

It really varies country by country and circumstance by circumstance.

In Canada for example - you can't take pictures of strangers without their written consent. Obviously people do - but they can get sued (ESPECIALLY) if they are making money from the photograph. But you can take pictures of people in the public eye (politicians, celebrities) as they are fair game.

In terms of buildings - good question. The interior, forget about it - you would need permission. The exterior might well be fair game, especially public buildings.

Hope that helps,

Marko

With considerable involvement in photography and video, I have had to concern myself with the legal technicalities.

In Canada, U.S., Britain and elsewhere you can take photographs of people in a public place without their consent. A public place is defined in law as a place to which the public has access, so a public place does not necessarily mean public property. A signed release is required if the photo is to be used for advertising purposes.

You can take photos of any exterior of a building and interior as well, although you might be asked to leave the building by security. Even if that is the case, you retain any photos you have taken and can use them as you see fit.

Obviously there are some common sense qualifications here. Taking photos in a public washroom or change room is likely to get you arrested. Taking photos in a courtroom is also verboten or in defense or highly secret military facilities.

Tegan

[Marko]

With considerable involvement in photography and video, I have had to concern myself with the legal technicalities.

In Canada, U.S., Britain and elsewhere you can take photographs of people in a public place without their consent. A public place is defined in law as a place to which the public has access, so a public place does not necessarily mean public property. A signed release is required if the photo is to be used for advertising purposes.

You can take photos of any exterior of a building and interior as well, although you might be asked to leave the building by security. Even if that is the case, you retain any photos you have taken and can use them as you see fit.

Obviously there are some common sense qualifications here. Taking photos in a public washroom or change room is likely to get you arrested. Taking photos in a courtroom is also verboten or in defense or highly secret military facilities.

Hi Tegan,

As this is CONTRARY to my knowledge, I would respectfully ask you to cite your sources for this information.

Thanks

Marko

[tegan]

Hi Tegan,

As this is CONTRARY to my knowledge, I would respectfully ask you to cite your sources for this information.

Thanks

Marko

The Canadian Media Law Handbook, Copyright and Trade Mark Law, and Canadian Copyright Law and some case law in Toronto and Montreal.

I should point out that basic law does not forbid the taking of photos except in very narrow circumstances such as those I mentioned. The use of that photo however may be covered by other laws including copyright.

There is a logic here as well. The freedom involved in journalistic photography for example, is part of democracies around the world.

Where does your knowledge come from?

Tegan

[Marko]

Hmmm...I did look this up a while back. I'll look into this as well.


Thanks!

Marko

[jmayoff]

Just wondering if there was any resolution to this. It is my understanding that in Quebec you can take anybody's picture anywhere, but you need permission to publish it.

I wonder, though, whether posting it on Flickr, or my blog is "publishing" it.

http://en.wikipedia.org/wiki/Aubry_v...ice-Versa_inc.

[Ben H]

In Britain, you are allowed to photograph what you like in a public place - people don't have a right to stop you. This includes people - individuals don't have a right to withold their picture being taken if they are in a public place.

However, this doesn't mean you could take a picture of someone on the street, then use that picture commercially - you'd obviously need full concent and model releases if you were using their pictures in this way.

There are *some* restrictions on particular buildings, notably govermental buildings for security reasons - if you were on the street outside the MI6 government building, taking pictures, you're going to get the heavies descending on you very fast.

If you are in a private environment, then basically, you have to follow their rules. If you're in a museum, and they don't allow photography, then by taking pictures you'll get warned or kicked out.

So yes, taking pics of people on the street in the UK is generally fine, as long as you aren't acting suspiciously. If you are, like you were loitering outside a school and taking pictures of kids, you may well get questioned etc.

The police in general do *not* have the powers to stop you taking photographs outside of the areas I mention. They could ask you to move on, but they couldn't seize your camera or pics without some good reason.

However, I still feel funny about taking pictures of strangers without their knowledge of consent. I'd quite like to do so, but don't for this reason.

[jmayoff]

However, I still feel funny about taking pictures of strangers without their knowledge of consent. I'd quite like to do so, but don't for this reason.

Yeah, I also feel a little funny about it, but I think it's a neat way to get some pretty cool pics. I'm just looking into the legality of it, before I head out and try it. I have taken pictures of people's backs which, since it doesn't identify them, I assume is OK.

[mindforge]

In the U.S. you can publish a photo of someone as long as it is not used for advertising or marketing in laymen terms.

Example: I take a picture of a little girl and little boy eating ice cream in the middle of a parade. I could sell it as a work of art on a piece by piece basis.

I could not advertise with the images. I could not mass produce the image on a post card. I don't remember what constitute the 'work of art' but it works out to the number of printings. Like if I made 25 high quality prints that were numbered they would still be a work of art but if I made 200 I might be in trouble.. does anyone know if there is an actual number?

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On another note, I don't think it is ethical to go snapping pictures of people without some sort of gesture or permission. I have found that most people are great when you approach them and offer them the image and get an email address. You can do this after you take the picture. If they decline, move on. Keep the picture. You tried. They miss out on a great image of themselves.

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I try and take sneaky pictures all the time. Once I was sitting at a coffee shop and I was trying to capture really low shots from ground level down a street with a parade. I was accused of trying to get upskirt shots when there were no skirts around... For one, it is winter and cold, there are no skirts. But, I apologized and explained but was still accused of being 'that pervert'. You gotta be careful too. I like doing some portrait photography in crowded places now and again. I like using alleys where people might be unloading a truck... These people get weird sometimes, just ask them to continue and tell them what you are doing.