Actually, I like street photography, and I would love to get more practice, but unfortunately, it's very complicated in Germany as there's a law called "right in one's own image". It means that, if you plan to post/publish a picture with somebody in it, you'll need that person's agreement, otherwise you'll risk being sued. Of course there are exceptions from the rule (like being more than five persons in picture, or the person's face isn't visible) but than again, there are also exceptions from the exception (i. e. if you take a picture with more than five people in it, but one person is more prominent, or if you take a picture of a person from behind, but the person can still be recognized by the people who know that person, etc.). It's very complicated, and it's ruining all the fun.
Yesterday, I took a picture which I posted today, and due to the restrictions in my country, I was very reluctant to do so:
It seems to me that street photography is much easier in other countries, so I would like to hear from you ... What are your experiences? Do you ask people before you publish your work? Were there any problems? I would like to hear how these things are handled in your country.
Interesting. I am from the US and I honestly don't have any idea. I tend to not post photos of random people as a rule though. One, I am too shy to take their photo and then I just feel uncomfortable doing so.
fascinating.. i didn't realize it was a law in Germany. in the States, you can take a pic of whomever you want... but best to be careful when doing so... obviously
Compicated here, too, in the U.S. Pretty much, if you don't show their faces or if they are unidentifiable, then it's okay. If you're planning on selling the shot and they are identifiable, then you should have a photo release signed from them, for sure. Same even with property. If I take a shot of a barn, for instance, and sell it and make money from it, that person who owns it could come back to me and say "hey, that's my barn you're making money from and I want a piece of the action or stop, etc.". If it's a street scene with lots of people like a city shot and there's a crowd, then it's not that complicated. But if one person is the focus of the shot, then the rules come into play again. If I take a shot of someone, don't intend to sell it, then I at least ask their permission. It's a courtesy.
@debsphotos I think @grecican is correct. I have the info for a few countries on my computer, will look when next I am on it. But my recollection is, in America, you can takepics of whatever or whoever in a public space and publish. The caveat here is the photography subject (or owner of said subject) can then sue. If the judge feels, in that situation, the offended party had a reasonable expectation of privacy, then you lose. It appears to be subjective.
For USA -from wikipedia - "It is generally legal to photograph or videotape anything and anyone on any public property, with some exceptions made for certain portions of military installations that have national security sensitivity" This is derived from a lawyer in Portland, Oregon who has published a one page pdf http://www.krages.com/ThePhotographersRight.pdf This is for NON-COMMERCIAL use.
as far as I know an EU regulation states clearly that if you take a person's photo you need his/her permission to publish it but that doesnt apply if its a group of at least 5 people in that picture...now this one you posted should be fine since anyway those people cannot be identified....
I am not aware of any legislation in South Africa that prohibits street photography in principle, but I know that model releases are required when the image is for sale and the individual was contracted to appear in the image. I'm not certain what the definition of 'contracted' entails, however. I bet some lawyer could have fun with that.
A quick look at my project shows a recent average of two in seven 'street' pictures a week. It's easy to take street pictures here and I think that stems from Cape Town being a major tourist city. We are all so used to DSLR and video-touting visitors and so many of us earn a living from tourists, so we accommodate them. There are those that ask for payment to be in the picture and those I always decline.
If I catch the eye of the person I have in frame I always lower the camera slightly and raise my eyebrows. Any negative shake or turning away and I drop out. But my usual problem is that they them pose which is not what you want. If asked I always tell people I belong to an international online group and say that the people want to see pictures of our people and our country and I've never yet had anyone refusing that request. If an email address is offered I'll always send a link to the project.
Professionally I am involved in community-based tourism in very isolated, rural places, and I have dealt issues of rural people not wanting their pictures taken by the visiting tourists because they are well aware that they are often portrayed as 'savages' or 'lesser people'. At our Lodges we ask guests to request permission and to find a way to communicate with the person. People like to see the pictures that have been taken of them, and others are happy if you have bought goods/service that they sell to then offer themselves as models in return. If you show people the picture you have taken and they don't like it I always advise to delete it there and then.
Ultimately the common denominator is respect. Did you give the person an opportunity to decline if asked? And are you going to make money from their image? Those are the areas where you should not be taking pictures.
There is a license required (in Washington, DC) if you are going to "sell" your street photography to tourists and you can only set up for five minutes in any one location. The idea being that your intent is to take photos and sell them back to tourists. It is intended to cut down or eliminate harrassing the tourists by vending photos to them.
However, if you are not selling your work to tourists; are doing photo journalistic work; are shooting for your own use; or in other ways not doing any direct sales to the subject - then this license is not necessary and you fall under the "public" domain area of being able to take photos of people in public places.
We've been careful to check out the local laws and we ask at all locations about restrictions before shooting.
In Denmark, we have the same rules as they do in Germany. I am pretty sure it's a European Union thing! Which I am totally fine with - I dont want anyone publishing photos of me without my knowledge and consent!
@lilbudhha -- Well, I'm not an attorney so maybe that's correct. All I know, from a couple classes I've taken run by professional photographers on the subject and that of selling your photos is that you need permission if the person is recognizable in the photo. I'm out of this discussion. I didn't need the crude remark from the other 365er.
Thanks for your comments, that was interesting to read (and sorry for not replying sooner, but I'm having problems loading 365 these days, sometimes it won't let me in).
Well, after reading your comments, it seems to me that in the US, there's a difference between showing photos online, and selling them, which makes sense to me. Here in Germany, it's not even allowed to post anyone's picture for non-commercial use, like posting it in a blog, or on a photo website, or even here. You would need that person's agreement, otherwise they have the right to sue you. I think that ruins the concept of street photography entirely.
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A quick look at my project shows a recent average of two in seven 'street' pictures a week. It's easy to take street pictures here and I think that stems from Cape Town being a major tourist city. We are all so used to DSLR and video-touting visitors and so many of us earn a living from tourists, so we accommodate them. There are those that ask for payment to be in the picture and those I always decline.
If I catch the eye of the person I have in frame I always lower the camera slightly and raise my eyebrows. Any negative shake or turning away and I drop out. But my usual problem is that they them pose which is not what you want. If asked I always tell people I belong to an international online group and say that the people want to see pictures of our people and our country and I've never yet had anyone refusing that request. If an email address is offered I'll always send a link to the project.
Professionally I am involved in community-based tourism in very isolated, rural places, and I have dealt issues of rural people not wanting their pictures taken by the visiting tourists because they are well aware that they are often portrayed as 'savages' or 'lesser people'. At our Lodges we ask guests to request permission and to find a way to communicate with the person. People like to see the pictures that have been taken of them, and others are happy if you have bought goods/service that they sell to then offer themselves as models in return. If you show people the picture you have taken and they don't like it I always advise to delete it there and then.
Ultimately the common denominator is respect. Did you give the person an opportunity to decline if asked? And are you going to make money from their image? Those are the areas where you should not be taking pictures.
However, if you are not selling your work to tourists; are doing photo journalistic work; are shooting for your own use; or in other ways not doing any direct sales to the subject - then this license is not necessary and you fall under the "public" domain area of being able to take photos of people in public places.
We've been careful to check out the local laws and we ask at all locations about restrictions before shooting.
Good topic.
Well, after reading your comments, it seems to me that in the US, there's a difference between showing photos online, and selling them, which makes sense to me. Here in Germany, it's not even allowed to post anyone's picture for non-commercial use, like posting it in a blog, or on a photo website, or even here. You would need that person's agreement, otherwise they have the right to sue you. I think that ruins the concept of street photography entirely.