Public Photography Laws

LYPHThreads: 2 Posts: 4 Joined: Mar 17, 11 ♂	Feb 18, 12, 19:07 #1
Hi folks Does anyone know my rights (the law) regarding street photography? For example, If I see an interesting person walking down the street, can I photograph this person legally without their permission? I would not be looking to publish these photographs commercially. Thanks in advance :)

HarryThreads: 62 Posts: 8,508 Joined: May 2, 07 ♂ [Suspended]	Feb 18, 12, 19:10 #2
What do you intend to do with those photos?

LYPHThreads: 2 Posts: 4 Joined: Mar 17, 11 ♂	Feb 18, 12, 19:40 #3
Look at them ;) but seriously, not much, Flickr, FB ect... mostly for myself.

WroclawThreads: 77 Posts: 7,404 Joined: Apr 1, 06 ♂ [Moderator]	Feb 18, 12, 19:49 #4
LYPH: For example, If I see an interesting person walking down the street, can I photograph this person legally without their permission? they can't take up more than 30% of the frame. so i was told.

♀

Edited by: ladykangaroo Feb 18, 12, 21:47 #5

LYPH:

can I photograph this person legally without their permission?

You can photograph this person, you cannot publish this photo in any form (including websites) unless you have the permission from that person or you have paid them.
That is true for all photos that show a person in such a way that he/she can be identified (and that means not only face but for example also the items that may point directly to a specific person).

There are two exceptions:
- photos of public figures / celebrities while performing their public / professional functions
- documentary shots of scenes (including urban ones), landscapes or gatherings. The rule of thumb is that it's legal if you can remove the person from the image and it will not affect the subject and / or character of the photo.

The above are the legal regulations... the reality is usually completely different.

♂ [Moderator]

Feb 18, 12, 22:07 #6

ladykangaroo:

The rule of thumb is that it's legal if you can remove the person from the image and it will not affect the subject and / or character of the photo.

which is very close to this

Wroclaw:

they can't take up more than 30% of the frame. so i was told.

take a wide angle picture ... and then (for personal use) zoom in/crop at the photo editing stage.

i have photo of a road traffic accident on the net. those involved have there faces hidden as they are facing away from the camera.
no complaints from anyone so far.

file under the correct title and you may be ok. reportage, fine art etc.

LYPHThreads: 2 Posts: 4 Joined: Mar 17, 11 ♂	Feb 18, 12, 22:14 #7
hhmm interesting, does this mean if a tourist takes a picture of their friend in a crowded place, they cant put it on Facebook? Btw, thx very much for your answers :)

♀

Feb 18, 12, 22:20 #8

Wroclaw:

which is very close to this

If the photo is taken because:

LYPH:

I see an interesting person walking down the street

...the person is the subject. They may be as small as 10 or 20% of the frame - but still the main reason for the photo being taken. Would OP take this photo if the street was empty? Can he replace that person with a random stranger without changing the meaning / intention / character of the photo? If so - good for him. If not - he can always claim he would / can :)

The road traffic accident photo would be perfectly legal even if people were facing the camera (unless the person is the main subject of the photo, because of their shocked face let's say).

WroclawThreads: 77 Posts: 7,404 Joined: Apr 1, 06 ♂ [Moderator]	Feb 18, 12, 22:28 #9
LYPH: hhmm interesting, does this mean if a tourist takes a picture of their friend in a crowded place, they cant put it on Facebook? most folks would and do. if, and that's a big if, someone complains you only have to delete it. it's not going to result in loss of freedom. flickr has a set of rules. all you have to do is follow them. they also state the law regarding copyright etc.

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