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In the United States, public space photography of pretty much anything is legal. And as far as identifiable faces, there is no need for model releases so long as a photo is not used for commercial ends such as advertising or stock photography. Bruce Gilden is a well-known and controversial street photographer whose in-your-face-with-a-flash-bulb signature style produces striking results.

That is one end of the spectrum, and the other is being so timid that your camera roll is full of dogs and sleeping homeless people and the backs of people walking. Between these extremes is the intersection of empathy and taking vivid and captivating pictures that tell the story of a person or a place or a moment in time. Yes, in that it is about seeing. And there are as many ways to do that as there are to live. You can be creepy or curious, aggressive or gracious. It is clear in his decades of work and in his own words in this great documentary that he was there to bear witness to beauty and style.

He was all about respect and admiration and celebrating his subjects, and by every evidence people enjoyed seeing him coming with a camera. Why do I do it? I can look at street photos endlessly—from any time or place. I spend many many hours a week traveling the world through Instagram hashtags like everybodystreet or lensculture or streettog.

I love the magic of fleeting everyday moments that will never happen again. I love cities and especially my city and my neighborhood and want to capture its citizens and energy, right now and forever. I love to capture all the different things that happen on that one same street corner over the years. I love the theater and chaos of an ever-changing cast of characters, how they look and how they look at each other.

I love big shows of audacity and the small quiet moments in the eye of the storm. But however good my intentions or avid my interest, people have a right to their privacy wherever they are. It comes down to tuning into their cues, reading their signals, and then coming closer or moving away. Empathy, instinct, and generosity of spirit. People have a greater or lesser sensitivity depending on the environment. In big busy cities, there is not much personal space—bodies are side by side, and there are cameras everywhere and nobody cares.

Or at a music festival where bodies are against and on top of each other and wanting to be seen and practically jumping in front of your lens. Not what I wanted. Street portraits are fantastic but not what I find compelling to shoot. However it depends on how you do it. As a physically small female, I am no big swaggering Bruce Gilden.

My default street awareness is the same as any woman: And I generally fear confrontation. But it still made my heart race and my cheeks flush. You are strongly encouraged to consult with local counsel to discuss your individual circumstances. She specializes in low light photography, everyday documentary, and tilt-shift work. Thank you so much Sarah for sharing this.

These are answers to questions that I have always had concerning street photography. Your images were a huge treat too!

So, if the positions were reversed, what then? My neighbor across the street from me was taking pictures from his front porch of 4 children in our cul-de-sac, one of which was mine. This is a tad unsettling. With that in mind, while technically he may have the legal right to take the photos, you certainly also have the right to request that he stop, to obstruct his view, to wave him off, or to remove the children from public view altogether so that he cannot continue to photograph your child.

Do you fear that merely being photographed by your neighbor somehow poses some threat to your child? Can you articulate your concerns? Thanks for this Sarah.

Right in time for the photo walk this weekend. And congrats on the new baby! I often wondered about many of the situations you covered. Perfect timing with this weekends ClickinWalk. This is so enlightening! I felt restricted in my misunderstanding of several of these points, and now have a bit more confidence in street photography!

Thanks for clarifying all of this, Sarah, in such an easy to follow way. Wow, this is seriously one of the best posts I've seen from this already fantastic blog.

Thank you for sharing, Sarah!! Sarah, your work is always so incredibly inspiring. Thanks for sharing you street photography information. Thanks so much for clarifying and answering all my questions!! Your comments are worth making. But try not to spend too much time worrying about the law.

It'll get in the way of your pictures. Too many photographers get paralysed by this. Just go out and shoot. We recently took a trip to Dallas and random people took pictures of our kids on the train with their iPhones. It really bothers me when people take pictures of our children without asking first!!!!

But now I know they have every right to. What an informative article. WoW, that sure is pretty cool,I hope others find it helpful and educational as i consider it to be. Thank you for the guidance. I enjoyed examination it. It makes a group of since but I at times I meditate it is just plain torpidity. I have never felt drawn to take pics of people in public, with few exceptions. Thank you for the info. I will armed with knowledge, should the need ever arise.

That individual has the property right to his or her likeness. That is fact and there is also legal precedence for this. Hi Peter, I believe you are referring to the Right of Publicity, which generally preserves on a state by state basis here in the U. Quite a good article, though I am not from the United States, I believe some of the points can help me in India as well. Thank you very much for sharing.

Dear Sarah, Thank you for the precious advices. Last year I came back from Paris with hundreds of good street photos. At the end, I chose of them. I may print a book with them. Would you be so kind to tell me if I can print a book in the US with images taken in a foreign country whose laws about the matter I am not aware of? Thanks in advance for your answer. This article is a great starting point for those dipping their toes into the art of street photography.

I live in the UK and carry a card in my wallet from the Royal Photographic Society which should help if and when you are asked about taking photos in public. Officers may stop and search and view images if they believe they could be used in connection with terrorism.

I had some questions about some of this, but now those questions have been answered. Good information to have…thanks for sharing! Thank you for this valuable information. You have answered a number of questions that I had been wondering about. Thanks for clearing up a lot of questions I have. This is great information to know. I completely agree, Ray! Common sense and simple respect will lead us the right way in most situations.

Thanks for the text. All images are in public environments. Could in the future make a book of this stuff?? Thanks for listening Jay. Some photographer had the nerve to photo me today as I was literally bent over placing marker flags on the courthouse lawn in preparation for the upcoming holiday festivities. She literally took a photo of my ass! When confronted, she claimed she was some sort of an artist.

I was so upset, I could have easily became enraged! The law may give these freaks the right to photograph in these places and of whomever they like, but show a little respect!! Photographers like her are pariahs and next time.. The general believe is even when you take a photo of people on the street you might still need a release to use that image commercially. The case was withdrawn later but this just a painful reminder how complicate it is when your photo has human being involved.

There are a lot of similar discussion I had with other photographers about this but as when I try to google it I am still not sure what exactly is the law saying yes and no for different situations. After all when it becomes legal using your common sense is simply not going to have you covered. Thanks for writing this. Im new to stock photography and reading about that photographer being sued by the model is scary.

Why was it dropped? You are absolutely correct — commercial use introduces a different set of considerations. I have an additional question I was hoping someone could help me with. I have been asked by a local company here in Florida for a Canopy Road photograph that they will use for the front page of their news letter. This will be sent to thousands of customers in Florida. I already have a few photographs and in one, there is a fence which sits on private property.

Its a small portion of the photography and it was not taken on the property but from the middle of the road. Is there a release required for something like this? Generally speaking, photographers who are shooting from public property may photograph subjects and scenes within their view, including those subjects situated on private property.

That said, I am not a Florida attorney and am unable to provide specific legal advice; it is always wise to consult with local counsel if you have specific concerns about your present situation. Cameras have become the biggest abomination I have see when adding the cheapness of digital photography along with insensitive photographers who do not have the sense to ask first before photographing others and parents children.

The fire in a crowded theater analogy was actually part of a Supreme Court opinion commenting on necessary limits on Free Speech protections; the point in that case was that the First Amendment does not, in fact, legally protect speech in all forms. Hi Sarah — Thank you for the article. I have a question — I went to a festival and photographed a lot of people in the crowd — they posed for me and exchanged their social media accounts.

Since the person is not a model and agreed to be photographed hence, his image to be used by me in any form , does this agent representative have any right to send me threatening messages like that? Great article and excellent answers to follow-up questions.

Sarah Porter

In the United States, public space photography of pretty much anything is legal. And as far as identifiable faces, there is no need for model releases so long as a photo is not used for commercial ends such as advertising or stock photography. Bruce Gilden is a well-known and controversial street photographer whose in-your-face-with-a-flash-bulb signature style produces striking results.

That is one end of the spectrum, and the other is being so timid that your camera roll is full of dogs and sleeping homeless people and the backs of people walking. Between these extremes is the intersection of empathy and taking vivid and captivating pictures that tell the story of a person or a place or a moment in time.

Yes, in that it is about seeing. And there are as many ways to do that as there are to live. You can be creepy or curious, aggressive or gracious. It is clear in his decades of work and in his own words in this great documentary that he was there to bear witness to beauty and style.

He was all about respect and admiration and celebrating his subjects, and by every evidence people enjoyed seeing him coming with a camera. Why do I do it? I can look at street photos endlessly—from any time or place. I spend many many hours a week traveling the world through Instagram hashtags like everybodystreet or lensculture or streettog.

I love the magic of fleeting everyday moments that will never happen again. I love cities and especially my city and my neighborhood and want to capture its citizens and energy, right now and forever. I love to capture all the different things that happen on that one same street corner over the years.

I love the theater and chaos of an ever-changing cast of characters, how they look and how they look at each other. I love big shows of audacity and the small quiet moments in the eye of the storm. But however good my intentions or avid my interest, people have a right to their privacy wherever they are.

It comes down to tuning into their cues, reading their signals, and then coming closer or moving away. We need to begin an informed debate in Australia about the appropriate balance of legal rights in a photograph and to adjudicate the claims of those behind the camera against those whose image is captured and published without their consent.

YorkTalks — York, York. The true language of religion — Egham, Surrey. Scientist in an adventure with volcanoes — Norwich, Norfolk. Available editions United Kingdom. Street photography is almost as old as the camera itself. More than years ago, one woman wrote in the Ladies Home Journal: Flickr In the late 19th century, the transformation of the camera from an expensive, complicated device into a relatively cheap, lightweight and easy to use consumer good led to a craze in street photography in the United States.

Michael Rawle But even if a legal right to privacy were to be enacted in Australia it would not necessarily afford individuals the capacity to control the use of their images. Photography Public space Legal rights. Found this article useful? The true language of religion — Egham, Surrey Explosions! Can you articulate your concerns? Thanks for this Sarah. Right in time for the photo walk this weekend. And congrats on the new baby! I often wondered about many of the situations you covered.

Perfect timing with this weekends ClickinWalk. This is so enlightening! I felt restricted in my misunderstanding of several of these points, and now have a bit more confidence in street photography! Thanks for clarifying all of this, Sarah, in such an easy to follow way.

Wow, this is seriously one of the best posts I've seen from this already fantastic blog. Thank you for sharing, Sarah!! Sarah, your work is always so incredibly inspiring. Thanks for sharing you street photography information.

Thanks so much for clarifying and answering all my questions!! Your comments are worth making. But try not to spend too much time worrying about the law. It'll get in the way of your pictures. Too many photographers get paralysed by this. Just go out and shoot. We recently took a trip to Dallas and random people took pictures of our kids on the train with their iPhones. It really bothers me when people take pictures of our children without asking first!!!!

But now I know they have every right to. What an informative article. WoW, that sure is pretty cool,I hope others find it helpful and educational as i consider it to be. Thank you for the guidance. I enjoyed examination it.

It makes a group of since but I at times I meditate it is just plain torpidity. I have never felt drawn to take pics of people in public, with few exceptions.

Thank you for the info. I will armed with knowledge, should the need ever arise. That individual has the property right to his or her likeness. That is fact and there is also legal precedence for this. Hi Peter, I believe you are referring to the Right of Publicity, which generally preserves on a state by state basis here in the U. Quite a good article, though I am not from the United States, I believe some of the points can help me in India as well.

Thank you very much for sharing. Dear Sarah, Thank you for the precious advices. Last year I came back from Paris with hundreds of good street photos.

At the end, I chose of them. I may print a book with them. Would you be so kind to tell me if I can print a book in the US with images taken in a foreign country whose laws about the matter I am not aware of? Thanks in advance for your answer. This article is a great starting point for those dipping their toes into the art of street photography. I live in the UK and carry a card in my wallet from the Royal Photographic Society which should help if and when you are asked about taking photos in public.

Officers may stop and search and view images if they believe they could be used in connection with terrorism. I had some questions about some of this, but now those questions have been answered. Good information to have…thanks for sharing! Thank you for this valuable information.

You have answered a number of questions that I had been wondering about. Thanks for clearing up a lot of questions I have. This is great information to know. I completely agree, Ray! Common sense and simple respect will lead us the right way in most situations. Thanks for the text. All images are in public environments. Could in the future make a book of this stuff??

Thanks for listening Jay. Some photographer had the nerve to photo me today as I was literally bent over placing marker flags on the courthouse lawn in preparation for the upcoming holiday festivities.

She literally took a photo of my ass! When confronted, she claimed she was some sort of an artist. I was so upset, I could have easily became enraged! The law may give these freaks the right to photograph in these places and of whomever they like, but show a little respect!!

Photographers like her are pariahs and next time.. The general believe is even when you take a photo of people on the street you might still need a release to use that image commercially.

the answers

Venturing out onto the streets with your camera can be an intimidating prospect. This is one of the biggest misconceptions about what is required when photographing people. However, simply photographing a person in public view — including children and law enforcement officials — does not require either a model release or expressed consent.

Shooting under public bathroom stalls or up the skirts of passersby is also likely to get you into trouble. Similarly, contrary to popular belief, you do not need to obtain parental or guardian consent to photograph children on or visible from public property.

Military bases, crime scenes, airports, museums, energy installations, courthouses, public hospitals, and certain government facilities — while technically property owned by taxpayers — may also be physically and sometimes photographically off limits to photographers or subject to significant limitations for security, privacy, or logistical reasons.

While there are typically signs present advising as to whether photography or your presence is permissible in such locations, if you have any uncertainty, do your homework or ask for permission directly before you make plans to shoot there.

For example, even broadly accessible public areas — such as public streets and sidewalks — may be subject to restrictions on the use of certain equipment, particularly tripods, supplemental lighting, reflectors, and similar.

In Washington DC, for example, photography is permitted but tripods are prohibited on the Capitol grounds, national memorials, most Smithsonian museums, and the Metro system other than the Pentagon station, where photography is prohibited entirely.

If confronted, be calm, respectful, and prepared to explain yourself. Accept that most approaches — whether they come from a private citizen or a law enforcement officer — are probably coming from an honest place of fear, defensiveness, or concern. Confidently and honestly explain to those who ask about your activity that you are a professional photographer, a photographer taking part in a photo walk , or a photography student completing an assignment even if it is self-assigned. Any one of these explanations is very likely to defuse the situation.

If you are advised that your activity or use of equipment is prohibited, feel free to respectfully ask for clarification as to the relevant policy, regulation, or statute and its terms. Broadly speaking, private citizens may not detain unless they have witnessed a felony, and law enforcement officials may detain only if they have reasonable suspicion of criminal activity afoot.

Neither private citizens nor law enforcement officials have the authority to require that you delete your photographs or relinquish your equipment including film or memory cards except when acting in accordance with a court order or in conducting of an arrest. This is another point people tend to get hung up on.

If you had the right to photograph a subject or scene, generally speaking, you also have the authority to display the photograph as an illustration of art or news — and that includes showing those images on your blog, in print, in news media, and in your photography portfolio print or online. Indeed, you can even sell prints or digital copies of your street photography. If you are in business, this may also become relevant to you as you put together your own promotional materials, in which case you will need to ask yourself if your image of an identifiable subject suggests some sort of endorsement, advocacy, or sponsorship of your work — or whether the inclusion of the subject is simply a matter of illustrating your art.

This article does not constitute legal advice, nor does it establish an attorney-client relationship. The information contained herein is no substitute for legal advice from an attorney licensed in your state and may or may not be applicable to your specific situation.

You are strongly encouraged to consult with local counsel to discuss your individual circumstances. She specializes in low light photography, everyday documentary, and tilt-shift work. Thank you so much Sarah for sharing this. These are answers to questions that I have always had concerning street photography. Your images were a huge treat too! So, if the positions were reversed, what then?

My neighbor across the street from me was taking pictures from his front porch of 4 children in our cul-de-sac, one of which was mine. This is a tad unsettling. With that in mind, while technically he may have the legal right to take the photos, you certainly also have the right to request that he stop, to obstruct his view, to wave him off, or to remove the children from public view altogether so that he cannot continue to photograph your child.

Do you fear that merely being photographed by your neighbor somehow poses some threat to your child? Can you articulate your concerns? Thanks for this Sarah. Right in time for the photo walk this weekend. And congrats on the new baby! I often wondered about many of the situations you covered. Perfect timing with this weekends ClickinWalk. This is so enlightening! I felt restricted in my misunderstanding of several of these points, and now have a bit more confidence in street photography!

Thanks for clarifying all of this, Sarah, in such an easy to follow way. Wow, this is seriously one of the best posts I've seen from this already fantastic blog.

Thank you for sharing, Sarah!! Sarah, your work is always so incredibly inspiring. Thanks for sharing you street photography information. Thanks so much for clarifying and answering all my questions!! Your comments are worth making. But try not to spend too much time worrying about the law. It'll get in the way of your pictures. Too many photographers get paralysed by this.

Just go out and shoot. We recently took a trip to Dallas and random people took pictures of our kids on the train with their iPhones. It really bothers me when people take pictures of our children without asking first!!!! But now I know they have every right to. What an informative article. WoW, that sure is pretty cool,I hope others find it helpful and educational as i consider it to be. Thank you for the guidance. I enjoyed examination it. It makes a group of since but I at times I meditate it is just plain torpidity.

I have never felt drawn to take pics of people in public, with few exceptions. Thank you for the info. I will armed with knowledge, should the need ever arise. That individual has the property right to his or her likeness. That is fact and there is also legal precedence for this. Hi Peter, I believe you are referring to the Right of Publicity, which generally preserves on a state by state basis here in the U. Quite a good article, though I am not from the United States, I believe some of the points can help me in India as well.

Thank you very much for sharing. Dear Sarah, Thank you for the precious advices. Last year I came back from Paris with hundreds of good street photos. At the end, I chose of them. I may print a book with them. Would you be so kind to tell me if I can print a book in the US with images taken in a foreign country whose laws about the matter I am not aware of?

Thanks in advance for your answer. This article is a great starting point for those dipping their toes into the art of street photography. I live in the UK and carry a card in my wallet from the Royal Photographic Society which should help if and when you are asked about taking photos in public. Officers may stop and search and view images if they believe they could be used in connection with terrorism.

I had some questions about some of this, but now those questions have been answered. Good information to have…thanks for sharing! Thank you for this valuable information. You have answered a number of questions that I had been wondering about. Thanks for clearing up a lot of questions I have. This is great information to know. I completely agree, Ray! Common sense and simple respect will lead us the right way in most situations. Thanks for the text.

All images are in public environments. Could in the future make a book of this stuff?? Thanks for listening Jay. Some photographer had the nerve to photo me today as I was literally bent over placing marker flags on the courthouse lawn in preparation for the upcoming holiday festivities.

She literally took a photo of my ass! When confronted, she claimed she was some sort of an artist. I was so upset, I could have easily became enraged! The law may give these freaks the right to photograph in these places and of whomever they like, but show a little respect!! Photographers like her are pariahs and next time.. He was all about respect and admiration and celebrating his subjects, and by every evidence people enjoyed seeing him coming with a camera.

Why do I do it? I can look at street photos endlessly—from any time or place. I spend many many hours a week traveling the world through Instagram hashtags like everybodystreet or lensculture or streettog. I love the magic of fleeting everyday moments that will never happen again. I love cities and especially my city and my neighborhood and want to capture its citizens and energy, right now and forever.

I love to capture all the different things that happen on that one same street corner over the years. I love the theater and chaos of an ever-changing cast of characters, how they look and how they look at each other. I love big shows of audacity and the small quiet moments in the eye of the storm.

But however good my intentions or avid my interest, people have a right to their privacy wherever they are. It comes down to tuning into their cues, reading their signals, and then coming closer or moving away. Empathy, instinct, and generosity of spirit. People have a greater or lesser sensitivity depending on the environment. In big busy cities, there is not much personal space—bodies are side by side, and there are cameras everywhere and nobody cares.

Or at a music festival where bodies are against and on top of each other and wanting to be seen and practically jumping in front of your lens. Not what I wanted. Street portraits are fantastic but not what I find compelling to shoot. However it depends on how you do it. As a physically small female, I am no big swaggering Bruce Gilden. My default street awareness is the same as any woman: And I generally fear confrontation. But it still made my heart race and my cheeks flush.

It is somewhat for this reason that I operate with a low profile. I hold my camera in my right hand with its strap wrapped around my wrist. I use a fixed 28mm wide-angle lens which captures whole scenes unless I am very close. I set it to a high-speed sports mode and shoot as I walk, rarely stopping. As I walk, I get in a meditative mode , responding instinctively to sudden sounds, clamor, activity or flashes of light.

Shoot now, delete later. If someone sees me taking their photo, I smile and nod and say hello if they are close enough to hear it. Sometimes I walk up to people if they look like they want to engage or would like to have the photo. Getting over the fear of directness and potential confrontation is my biggest challenge in photography, and I am evolving these skills.

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