A photographer's rights: Should you ask before shooting?

Photojournalists and street photographers - do you ask a subject for his or permission before shooting? Do you think AS a person in a public space, that someone has a right to photograph, say, your child at a playground?

Discuss it at Shutter Geeks!

Tags: issues, photography, shutter geeks

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Permalink Reply by GranitW on September 5, 2008 at 3:39pm: In some situations it can be morally wrong not to ask first, but if it's in a public place we do have the right to photograph almost anything we see (to a limit).; ▶ Reply to This

Permalink Reply by Fyre Vortex on September 6, 2008 at 5:15am: I have to agree.; ▶ Reply to This

Permalink Reply by Bret on September 5, 2008 at 3:45pm: I take it on a case-by-case basis. If I think there it is in any way likely the person would not want their photograph taken, I would ask.; ▶ Reply to This

Permalink Reply by Chris Pirillo on September 5, 2008 at 3:46pm: Always. I just... I never point any kind of camera (still or video) at anybody unless I have their explicit permission to do so. When it's live, I make sure I tell them it's live.; ▶ Reply to This

Permalink Reply by Jack on September 5, 2008 at 4:49pm: Just like Google did. Sort of. Maybe.; ▶ Reply to This

Permalink Reply by Michelle Snow on September 5, 2008 at 4:02pm: If it's a crowd shot, I don't. But if it's less than five people, I always try to ask and I never shoot a photo of just a child without the parent's permission. But I don't shoot a lot of people anyways, unless it's a crowd shot or for a news piece I'm writing.; ▶ Reply to This

Permalink Reply by Jennifer Tai on September 5, 2008 at 4:30pm: Part of why this is such a debate is that it somehow takes away from the photojournalist the authenticity of the shot if you ask first. If you read my take at Shutter Geeks' discussion forum, one of the panelists actually said it was ok to lie to someone who isn't happy about you taking his/her photo, saying that you were only shooting something else in the same frame, and not the person, to avoid a big confrontation.

Also brought up at the talk I attended about photographer's rights was the fact that if you're making money off the subject (doesn't necessarily mean stock or something needing a model release) but say, you are putting the image in an editorial - you should at least do the person the courtesy of informing him or her. I agree with this.

Some attendees thought that firstly, you should NEVER need to pay these subjects even if they ask for money but more importantly, for the authenticity of the shot (say when shooting using a telephoto lens at someone 30 feet away), you cannot ask.

This was a point an attorney in the audience made, that if you're going to make money, you should point it out, to which an outspoken gentleman said, "I have a right to make a living" (by taking and selling pictures surreptitiously).

I am torn. As an aspiring street photographer, I am all for the craft but I am also a parent. I agree that for kids, you ALWAYS need to ask. But what if it's a group of kids at the park?

These are such complicated times!; ▶ Reply to This

Permalink Reply by Jennifer Tai on September 5, 2008 at 4:53pm: I replied to a gentleman on my original thread that I think with more people owning cameras and gear like telephoto lenses, you're going to find that the challenge also comes from telling the person AFTER you take the picture. How many of us do that?; ▶ Reply to This

Permalink Reply by Jack on September 5, 2008 at 4:48pm: Whenever I am asked to shoot at a Competition, or a Gig, I ask whether any members that are 'signed up' cannot be shot. Otherwise, all liability falls back onto them.; ▶ Reply to This

Permalink Reply by Kevin Mullett on September 5, 2008 at 4:50pm: I believe situation can alter this as well. For instance at a park with Kids...I will ask. If I am shooting at an event (i.e. sporting or fair) then I would generally not ask as it would spoil the moment/shot. They are at a public event with no expectation of privacy.

Much of this changes however based on usage. Not limited to, but certainly including the use of said images for "trade or advertising" vs say editorial usage. Model release forms help protect against invasion of privacy and libel suits. Libel coming into play if the subject feels they have been subjected to embarrassment, loss of status, etc.
Excerpt from Source: ASMP Professional Business Practices In Photography 5th ed. (circa 1990's)

Although I cannot find the reference, I believe this is also dependent on the number of subjects in a shot and if anyone is singled out as pointed out previously. In other words if you shot one to a few people you could ask for a release. If it is a grandstand or crowd it would not be expected due to difficulty.; ▶ Reply to This

Permalink Reply by Jack on September 5, 2008 at 4:53pm: Yeah, thats what I think too. Most of my shots just get passed onto another organisation, normally a NGO or NPO.; ▶ Reply to This