From: jay@metran.UUCP (Jay Ts)
Newsgroups: rec.photo
Subject: Re: Photographing people; need permission?
Date: 3 Jan 93 07:15:43 GMT
Organization: Metran Technology, Tampa, Florida

mssmith@afterlife.ncsc.mil (M. Scott Smith) writes:
: 
: I was practicing taking pictures the other day at a park, and there was
: a lady with two kids feeding ducks that I thought would make a great picture,
: but I didn't take it because I began to wonder if I would be breaking any
: laws of etiquette (or plain old laws) by not getting permission from her.

In the U.S., at least, you would be breaking no laws by doing this (but I
hear things are different in Saudia Arabia...).  You have the legal right
to photograph anything you have the legal right to see with your own eyes.

I guess there are a few exceptions, like court proceedings, but mostly you
can go by the above rule.  Note that if you poke your camera into someone's
bedroom window, you are violating their right to privacy, which is a no-no.
Also, if you are on private property, any actions on your part are subject
to approval to the property owner.  For example, a bank will not approve of
you taking pictures inside, and in many shopping malls, the mall security
will ask you to leave if you are snapping pictures.

If you are on public property (i.e., a sidewalk) you are generally very
safe, but there are still some exceptions, like, would you believe, that
it is illegal in the U.S. to photograph a post office?  I think this applies
to some (or all?) other U.S. federal government buildings.  But this is sort
of like the laws against photographing money -- it's done all the time, but
very few people get bothered about it.

On the other side, there are people who react *very* negatively to being
photographed, even though there is no law broken or harm done of any kind.
I was even told once, in a threatening manner, by a police officer that I
did not have the "right" to photograph him!

: A little silly in that case, I suppose, but are there any "rules" that should
: be followed when taking pictures of total strangers?

No "rules", just your own common sense and intuition.  Try to feel out whether
the subject will mind.  Absolutely do maintain a positive, friendly attitude,
and if in doubt, just ask, "Is it ok if I photograph you?".  If you do this
just right, you will vastly increase your chances of receiving a positive
response.  Mostly, people just want the reassurance that you're not trying
to take unfair advantage of them in a way that they will later regret.

:I assume this would probably depend on what was being done with the photograph.

I get this a lot.  My suggestion is that you come up with an appropriate
white lie, like, "I'm a freelance photographer working for European magazines."
Actually, you can probably come up with something better.  Try telling them
you are doing an assignment for a photography class.  That should work.

: My intuition tells me that you can take pictures of whatever you want, or
: whoever you want, as long as it's in a public place, without obtaining
: permission.

That is fairly accurate.

: But is this true?  What if I'm taking a picture of a bunch of people walking
: down a street in a big city?  Or what if I make a specific person the
: unknowing subject of a photograph?

The only real problems occur if and when you *publish* the photograph.  Note
that by "publish", I mean "make public".  It doesn't have to be put into
print.  Hanging the print in an art gallery is one way of publishing it.
In this case, it is best to have a model release.

: I guess these are probably stupid questions, and I guess they're fueled by
: my habit of always being "polite".  It would make me nervous to take a picture
:of a total stranger, especially if this was considered an inpolite (or illegal)
: thing to do..

There is nothing wrong with being polite with your subjects.  However, being
nervous will likely lead to their being suspicious of you.  I suggest you
work on being courteous toward your subjects.  After all, you are photographing
them, not gunning them down in cold blood, right?

One thing I've noticed is that if I say "thank you" to my subjects, whether
or not I have asked for their permission, it allows me to leave them with
a positive feeling.  This is very important to both them and me.  I find it
much easier to approach the next people if I have shown my appreciation to
the ones I have just left.
-- 
Jay Ts
uucp mail: uunet!myrddin!tscs!metran!jay
phone: (813) 979-9169
Newsgroups: rec.photo