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CAUGHT OUT !! (should be a discussion I think now...:(....)

I have been wondering a bit about photographing people lately - feeling a little awkward about catching someone on camera and then putting them online!! ... I had to go to the hospital today, which is an incredible photo opportunity, not in fact, of people usually but because of the incredible architecture - all very new. After I saw the consultant, I was sitting having a cappucino in a little coffeebar above the restaurant (all open plan) and decided it would be interesting to photo the tops of people's heads while they were having their meal !!! So I held the camera over the quite tall, transparent 'wall' and snapped the camera several times....:)

I had noticed a woman sitting a little along from me and had, in fact, noted she had an interesting face but had desisted from photographing her. But she noticed me - called me over and asked me if I would like to join her. She asked me if I was a photographer. I said, yes, well, I took photographs, not sure whether I could be called A PHOTOGRAPHER quite yet!

Anyway, it turned out she was a film producer with (I later discovered during a long natter) a passion for photography of all types. She said did I know that to take someone's image was illegal? (am I imagining she said that?) ... and in the film world they always had to have someones written permission before taking photos. I had in fact, felt guilty about this yesterday, when I had snapped a young woman playing with her daughter with the Autumn leaves. I had gone up to the woman and asked, did she mind - and got some lovely pics. But of course they would have been better had they been spontaneous, wouldnt they!!

So - now I am wondering. I think I have decided to be as usual when photographing the general public, in a very general way - as with cyclists in oxford, for instance - but otherwise I think I must ask them - after I have taken the photo? How do others approach this?

I now think this should have gone in the discussion area....*sigh*.............if no one sees it here I will re-post there!!

(btw, I got three good photos of this woman - & I think I have made a good friend too - we talked for hours!!!)

Cathrynn X

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Comment by Peter Anscombe on December 8, 2010 at 12:55am
Hi Cathrynn,
First I envy you living in Oxford! Great place to photograph architecture and people. I go there often as my son is a post grad at Lincoln College.
The question of the right to take photos of people is an interesting one. To my knowledge the law has not changed but I feel public opinion has. As togs we need to respect privacy so here are my own disciplines:
In public a shot of small groups or single people should be by permission only. If you want candids the only way therefore is to shoot first and ask after; and be willing to delete. For larger groups - street scenes etc. then I think that it's legitimate to just ake the shot. Children is an even trickier area. Some sports clubs e.g. rugby have made it a condition of playing that parents accept that general photographs of their little darlings is permitted - this seems sensible to me.
btw. some building owners are equally concerned in these troubled times.
Keep shooting and keep posting!
Peter
Comment by Charlene Nicole on December 7, 2008 at 9:26am
Thank you for asking this question. This is a great thing to know. :)
Comment by Cathrynn on November 16, 2008 at 6:29pm
thanks everyone, VERY MUCH...that is a great relief - & of course I had forgotten about CCTV cameras everywhere!! ... I was out taking some photos of kids playing football yesterday - & did meet a few concerned parents but the referree said - thats fine, dont worry - carry on...:) ... though I reckon I would have had trouble had I been a man, to be honest...*sigh*........I dont look very threatening!
Comment by Lowell on November 16, 2008 at 2:02pm
Hey Cathrynn you are in the right here if their was a law against that the news industry would be choking about now LOL. You are fine to take public pictures an put them on the net.
Comment by Daniel Cossack on November 16, 2008 at 10:26am
This issue has been asked a lot and has also be debated ad nauseam, though no offense to you Cathrynn -- it is a perfectly legitimate question to ask. If you've been around photographers circles for the past several years, you would be feeling that photographers have been getting much harassment from police lately, especially since Sep 11, 2001. But the laws have not changed since the beginning of time.

The truth is that laws not only vary from country to country, but in the U.S. the laws vary from state to state, which is really to define exactly what is an invasion of privacy. Besides talking to a lawyer in your state, the best source of information on this subject is a book called "Legal Handbook For Photographers -- The Rights and Liabilities of Making Images, 2nd Ed." by Bert Krages, Esq.

In general, people in public places do not have an expectation of privacy with regards to being casually photographed by someone, but it sure makes people nervous when you point a DSLR camera & Lens at someone. We as photographers need to respect that and always ask permission when it is practical.
Comment by tressillian on November 15, 2008 at 9:07am
The law varies between country. In the UK you are perfectly entitled to take photos in public without anyone's permission. If you use the image commercially, then you need permission from the subject of the picture. The police, community support officers or security guards have no rights to prevent you taking pictures in public spaces. They also have no rights to confiscate your camera, request to view your photos or delete them. This is all despite the "hate" campaign waged by the Met police against so-called terrorist photographers. Tell me, is a terrorist going to take photos of a target with a big Canon white lens? - errrr, no. History and research indicates that no terrorist group - Bader Meinhoff, IRA, Al Queda ever took photos of targets. I will (and do) challenge anybody to call the police if they believe I am taking photos illegally (which I'm not).
Comment by Michael on November 14, 2008 at 6:50am
oops, links didnt appear

http://www.phooto.co.uk/rights.shtml

Cant rememebr the other one!
Comment by Michael on November 14, 2008 at 6:48am
Found this on a website
"If you take a picture of someone in a public place, or visible from a public place, then you CANNOT be "invading their privacy". You do not have privacy in a public place ; that's why it's called "public".

It is not even illegal to photograph someone in a private place, such as a shopping mall. You may be asked to leave, and if asked to, you must, but photography, other than obvious cases like obscene pictures of children, is not a matter of criminal law, but civil law. Therefore, no one can demand that you delete photographs you have taken, even if they are "security guards" (the modern posh name for store walkers). Indeed, even the police cannot instruct you to delete your photographs, nor can anyone confiscate your camera. The police only have jurisdiction in criminal law, they have none at all to enforce civil law."



It looks like it makes sense (other sites said th esame kind of thing) but obviously, the best answer would be straight from a legal professional.


Another (probably better) source is from this site...



I hope this helps.

I am not a legal profesional. So please check...

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