Street Photography-Taking Candid of people unknowingly legally

[greeneyes1976]

Hi, I'm new here, well kinda I've been lurking for a little bit and I did introduce my self but this is my first post.

Here is my question I love street photography, not just urban landscapes but people. I work downtown and walk around there a lot, there are so many "scenes" that I spot and I want to take the candid. I read in a book once, a photographer should shoot first then speak otherwise you miss the entire candid moment. What is the legal aspect of this, does any one know? I'm an aspiring photographer, more of a hobbyist but love it none the less, and this is such the route I'd like to take. (Like Diane Arbus or Lee Frieldlander)

I think I read some where if you do not get the person's face of if the face is not recognizable then you are fine, it that a true statement? If so what if I do get their face in a shot, then what?

I would love any one's insight on this. Also I am no Prof Photog at this time so business cards have never been needed but should I have some type of a calling card (so to speak) to give out and maybe some type of a signed release?

TIA,
April

[CaptainTom]

It's not very complicated, but you will likely get a half dozen contradictory anwers to this post.

My understanding is that if you are not publishing or using the image commercially and the person(S) are on public property, you should be OK.
You are not allowed to show the person(s) in an artificially unfavorable situation (aka photoshop them ugly or fat, etc.).
If you intend to publish or use the photo in any commercial matter, you need a signed model release.

The interpretation of what is "recognizable" has been bantered around for years.

If you are using the photo for recognized news organization you are OK.

You cannot take a photo of someone on the street and then put that photo into an advertising campaign. The same goes for personal property.

Bring on the dissenters, experts, etc.

[Ph0t0g]

As art you have a wider use of the images and I believe you can show faces. Here is a link to an article about a photographer that was sued in NY. He won but of course he still had to pay his lawyers. I dont think the law differs any here in Texas, but if you are looking to sell some work you could consult a lawyer if you are worried about it.

http://wirednewyork.com/forum/showthread.php?t=8775

Good luck

[Jeff_Green]

That raises the question of how do paparazzi do it then? Isn't it that if they are in public then they are fair game? I don't know, don't pretend to know, and am probably wrong!

[CaptainTom]

Originally Posted by Jeff_Green

That raises the question of how do paparazzi do it then? Isn't it that if they are in public then they are fair game? I don't know, don't pretend to know, and am probably wrong!

Celebrities are considered "public figures" and the paparazzi are "news gathering".

[Rncf87]

One of my photo professors in college told us that as long as you are either on public property, or on property you own or have permission to be shooting on, you can take pictures of whatever you want. So (playing the devils advocate) you can take pictures of your neighbors in their house/buildings/people on the street as long as you're on your/public property. I worked security for Chase Tower downtown Dallas for almost a year and we had to watch for people taking pictures (terrorist risk), we owned the sidewalk, but if they were in the street or on someone else's property there was nothing we could do.
That being said it wasn't a commercial photo course so we didn't go over the rules for using photos in ads etc... So for your "art" I think you should be fine, on business cards and ads you should probably talk to someone who knows the legal side. Or just tell the people in the photo after you take it and find people that are ok with you using it.

[dbphotos]

If you shoot in public places or even shoot someone on private property but you are in a public place and in an area where they shouldn't "expect privacy" then you are free to use the image w/out a release for either artistic uses or editorial uses (that's how paparazzi do it). You can not use them for commercial purposes (i.e. advertisement, etc.) w/out a release. Keep in mind this applies not only to people but also buildings, cars, etc. (all property).

A good place to get more detailed information is http://www.editorialphoto.com/.

Bottom line is that if you are walking around public places and taking photos and only using them for your own artistic purposes or editiorial (newspapers, magazines, etc.) you are fine. This doesn't mean that some person may question what you are doing and confront you. I've never had any problem other than some strange looks, but I know others have.

I hope that helps.

[MicWayWal]

Originally Posted by greeneyes1976

What is the legal aspect of this, does any one know? I'm an aspiring photographer, more of a hobbyist but love it none the less, and this is such the route I'd like to take. . . Also I am no Prof Photog at this time so business cards have never been needed but should I have some type of a calling card (so to speak) to give out and maybe some type of a signed release?
TIA,
April

I also understand that you can photograph anyone that you can see from your property or public property as long as the person does not have an "expectation of privacy". For example, you can photograph someone on their front porch but not through their bathroom window. If the person being photographed is in a place that they reasonbly could be expected to be considered a private place they are off limits. But anyone walking in public could not expect that privacy. So they are free game.

You should get some cards printed so you will look more professional to the people who will ask you what you are doing. They will ask. But if you are nice and upfront with what you are doing they will not usually bother you.

[studiocygnet]

You must be on public property, they must be on public property, and no commercial use. As people have said here before.
As to the nuts and bolts, small black quiet camera, wide prime lens for good depth of field, pre-focus or estimate the distance with your eye and set the lens manually. Those big white lenses aren't real good at being discreet. Actually, any zoom kinda draws attention, especially if you automatic focus and they hear the noise. So to the public it looks like you just kinda have a camera around your neck, and your fiddling with the dials and stuff. Actually with a 28mm (full frame equivalent) you can learn to shoot from your chest without looking through the viewfinder if you've got it pre-focused.

[greeneyes1976]

Thanks to all of you, you all have given me some great information.

Much appreciated.
April

[RKDauph]

Just to complicate the matter. How about a places like Six Flags, any mall or open to the public private property, do I need a release?

[scottlyn]

I have no response to your question...just saying welcome to TPF

[dbphotos]

Originally Posted by RKDauph

Just to complicate the matter. How about a places like Six Flags, any mall or open to the public private property, do I need a release?

That is considered private property and it's up to the properyt owner as to what they will let you do, i.e. Cowboys Stadium, etc. Six Flags allows cameras so you won't have any problems taking pictures of people there but the same rules apply, you can't use the images for commercial purposes w/out a release from both the subject of the photo and Six Flags (which you won't get), but as long as you are simply using them for editorial, artistic or personal purposes you'll be fine. They do have the right to say no at any time.

[RKDauph]

Thanks for the clarification.

BTW, is your avatar showing how all the coal bad kids get is delivered?

Have a Merry Christmas.

Originally Posted by dbphotos

That is considered private property and it's up to the properyt owner as to what they will let you do, i.e. Cowboys Stadium, etc. Six Flags allows cameras so you won't have any problems taking pictures of people there but the same rules apply, you can't use the images for commercial purposes w/out a release from both the subject of the photo and Six Flags (which you won't get), but as long as you are simply using them for editorial, artistic or personal purposes you'll be fine. They do have the right to say no at any time.