Asking Permission to Photograph People
“I’m heading to India next week and am looking forward to using my new DSLR. I’m particularly looking forward to photographing the people I come across but am a bit worried about whether I need to ask permission before photographing them in the street or other public places. Any suggestions?” – question submitted by DPS reader, Graham.
Thanks for the question Graham – you’re not the only person asking it. In fact I’ve written on this topic previously in my series on Travel Photography but I thought I’d go over my approach to asking permission to photograph people, especially in a foreign country.
Keep in mind that this is my own personal approach and that others do it much differently.
1. I always ask for permission if the person will be the main subject of my photo – I figure that I’m a guest in another country and that I want to behave like I’d expect someone to behave if they were in my home – with respect and friendliness.
2. If a person is a minor subject in a larger photo I don’t seek permission – it’s just not logistically possible to ask everyone on a street if you can photograph them!
3. Getting ‘permission’ can mean different things in different situations – often it’s simply a matter of holding up your camera and smiling with a raised eyebrow. Other times you might actually ask but gesturing will usually be sufficient enough to get a nod or a shake of the head. I find that it’s quite rare to get knocked back from a friendly approach.
4. If permission is not given or I’m sensing the other person is not comfortable with my actions I always stop and politely move on. I’ve found that in come cultures people say yes just to be polite but don’t really want you to take their shot. If I’m getting these vibes I stop immediately.
5. Before you travel do some research on what is and isn’t acceptable culturally – last time I traveled I was amazed to see how many people in the tour group I was with who had no clues about the culture they were visiting. As a result they often dressed and acted very inappropriately and annoyed a lot of locals by breaking social taboos. While this isn’t directly related to taking photos it does have an impact upon those you meet along the way that you might wish to photograph.
6. Smiling at the person and maintaining strong eye contact before, during and after taking your photo does wonders – for starters it helps with getting permission, then it helps them relax and lastly it shows your appreciation and that you value the person. Show a genuine interest in the other person, their life and what they’re doing and you’ll not only get a great shot but you’ll leave a positive feeling with the person – you might even learn a thing or two and make a new friend.
7. If I’m watching a performance or show where photography is allowed I don’t ask permission of individuals – I figure they’re doing it for some sort of payment and are used to it.
8. If photographing children I take extra care to get permission from a parent where there is one present. I think photographers need to be particularly careful in this area.
9. I don’t pay or tip people for photographs – I know many photographers do this but it’s something I’m not comfortable with. I do travel with little gifts from home (toys, pens, badges etc) which I like to give to people I meet along the way but don’t use these as ‘payments’ or bribes as such.
10. Don’t travel in a large group – One of the keys that I’ve found to getting good street photos of people is to travel in small groups or (when it’s safe to do so) alone. There’s something about a large group, all carrying cameras, coming up to a person that is very overwhelming. If I am traveling with a larger group I tend to hang back on the edges of the group and look for my own opportunities.
As I’ve written before – “Keep in mind what you’d feel like if a stranger walked up to you in your neighborhood and asked for a photograph and act in a way that you’d want to be treated in that kind of situation.”
Lastly – check out these tips specifically on photographing people when traveling.






56 Responses to “Asking Permission to Photograph People” - Add Yours
January 18th, 2008 at 12:22 am
Good subject, here’s a follow up on that which I wonder — do you know if release forms are required to be signed by subjects outside the US as they (I believe) are in the US in order to be used professionally? (Or perhaps it depends on the outlet?)
Also, if the photos are to be used as stock or assignment is it legally or morally required to pay them a fee, especially if they sign the release?
January 18th, 2008 at 3:26 am
Just a note on photographing people. I am a Canadian so I take about 50 small Canadian lapel pins which I get from our Member of Parliment for about 15 cents each. On aproaching a subject I give them a pin then after thier thanks, usualy in form of a smile and a knod I point to my camera and then to them with the effect that I have only had one person ever indicate no. In this way I do not have the embaresment of to tip or not to tip.
January 18th, 2008 at 7:58 am
I|m from Germany and here the situation is kinda complicated. You can photograph people in public without their permission if they are in a group of people. If you pick someone out, you have to ask him. It’s always good to have the person sign a release form, a simple verbal permission is totally worthless in court, the person can always claim not to have given you permission and sue you for violating his privacy if they find themselves in some web gallery.
January 18th, 2008 at 8:27 am
Just a heads up on India specifically since it was mentioned. I was there a few years ago and you definitely have to watch our for people expecting a tip of some sort if they think you took their photo.
At one point, we stopped on the side of the road to take a picture of a palace in the middle of a lake. Some nearby kids saw us and ran up in front of us while we were shooting. As we started getting back in the car, they all stuck out their hands expecting payment.
There was another case where our guide informed us ahead of time that if we took a picture of the snake charmer who was performing on the street, he’d require a tip.
January 18th, 2008 at 8:32 am
In countries where cameras are a luxury, and especially with children, a great “reward” for permission to take a shot is simply to show them their own picture on the camera’s screen. They often absolutely love seeing themselves, and want you to take more and more pictures so that they can see their poses.
But be careful…doing this can cause a mob of excited little kids all clamoring to see the camera!
January 18th, 2008 at 9:19 am
It depends on the culture of the site you’re visiting.
India for photography is a paradise.
I never give any tip or payment. 99% of the times people ask you to take a photograph of them, or of them with you… Very few times they ask for a tip. Please don’t give it to them!
They’re always happy if you show them the photo.
January 18th, 2008 at 9:49 am
Superfancy: you do not need a release form of any kind in the U.S. as long as you and the subject are on public property, and not in a place where privacy is expected (i.e. a bathroom…yeah just dont do that :D ). However, I don’t know about outside the U.S.
A good pamphlet about U.S. Photography law is here:
http://www.krages.com/phoright.htm
I know I talk about it a lot but it is actually a really amazingly informative pamphlet that I always bring with me when I shoot.
January 18th, 2008 at 9:56 am
In India specifically (where I lived for 2 years), asking permission will frequently get an instant demand for “baksheesh,” or bribes/tips. A more well-to-do person will clearly not ask for this, but most of the people that you see standing around in a street, especially kids or women with children, are beggars and will expect money in return. Of course, in large cities (Delhi, Mumbai) this will be the case whether you take their photograph or not.
January 18th, 2008 at 10:10 am
Steve’s comment raises a good point as regards India. A lot will depend on how you travel and where you make pictures. If you’re on the typical tourist trip, expect a lot of people near tourist sites to insist on payment (sometimes rather aggressively), and they will not warn you beforehand ;-)
If you want to shoot photos from people, get off the tourist track.
My experience after living three years in India (Delhi) tells me that people mostly will be happy if you take their photo, and even will ask you (not because they want to see how they look on the photo – they often will show no interest in seeing the result – but because it is considered ‘auspicious’. While this is a ‘hindu’ thing, it fades across religions and even muslims (in Old Delhi for instance) often asked me to make a picture (http://www.flickr.com/photos/eyeonasia/2071664026/in/set-72157603321306285/). One exception though: women – this is a socio-cultural thing and you might notice that if women see someone with a camera even from far, they will cover their face (though that is not a general rule, and will depend on the region you will travel in). In any case, you better respect this ! Tips number 3 and 4 will mostly do in India, while most of the tips are worthwhile. Expect that people will ‘pose’ once you have asked, and mostly will take a very serious position and expression. But Indian people smile easily, and with a smile and a bit of communication you can make them loose their serious position very quickly. Also remember that saying ‘no’ is considered very harsh and impolite in Indian culture, so you will have to sense what the reaction (will mostly be a head wobble) means. I hope you will enjoy your trip in India !
January 18th, 2008 at 11:52 am
I bet, the kids would accept candy as payment, my uncle is kind of a globetrotter and has been to many countries with a lot of poverty (India can definitely be counted as one of them) and kids always try to get stuff from tourists, not necessarily because you photographed them, just because many tourist give out money or candy out of pity.
I would always gather information about customs and regulations in countries I go to, just to be on the safe side.
Imagine taking a photo of a chinese soldier or something and end up in jail. Never wise to push your luck.
January 18th, 2008 at 12:25 pm
Check out the work of Alice Peperell; she visits India quite a bit and though I believe she is there at the moment and may not have access to her emails, it may be worth dropping her an email and asking for tips.
January 18th, 2008 at 1:23 pm
Being an Indian, I can tell you that it is a photographic paradise. You can shoot children and families and 99.99% of the time no one would mind, unless of course they are in a embarassing situation. Do not be afraid to shoot. You might get a smile from people. People over there aren’t really scared or really aware of child perverts and thus shooting kids is no problem at all unlike in the western world where you have to be extra careful pointing a camera at a child. I miss that living here in Canada.
Be careful with your camera at Airports though. Very strict rules regarding photography at airports in India. You might end up paying a big bribe or have your camera confiscated Also be careful of shooting in museums or old palaces. There are certain palaces where you aren’t allowed to take pictures, specially with the flash.
As for clicking disadvantaged people, I realy hate that, but if you are into that sort of photography, I think the ethical thing would be to ask them and I doubt anyone would refuse. At the most they may ask for some tips (money) but even 10-20 cents for them might be a lot and I don’t think that would be too much to give specially if you are going to take their photograph. But as some above commentors said, they might just be happy seeing their photo in your camera.
Be careful travelling in Delhi after dark. Mumbai and South India are very safe and you don’t really need to worry about anything. But as long as you are in the northern belt, be extra careful.
January 18th, 2008 at 1:33 pm
All the 10 points and very apt and goes here in India aswell. Apart from all these , I’d put emphasis on not to give any money to anyone in return or you’ll be swarmed with beggars and people asking for the same.
Enjoy your trip here in India!
January 18th, 2008 at 1:33 pm
All the 10 points and very apt and goes here in India aswell. Apart from all these , I’d put emphasis on not to give any money to anyone in return or you’ll be swarmed with beggars and people asking for the same.
Enjoy your trip here in India!
January 18th, 2008 at 4:04 pm
This is an interesting article and a very relevant one. My experiences in India have always been that people – especially kids are very happy to have their photo taken. Not really heard of people asking money when their snaps are taken ^_^
January 18th, 2008 at 4:54 pm
Awesome post and superb topic. i am a novice photographer too, do clicks mostly as hobby but yes whatever you have pin pointed, really worth a lot.
oh btw, I am an indian and all of those guys coming to India, feel free to click over me, will give you pose too. lol…. kidding.
keep the more great topics coming. i am your regular reader. thnx.
January 19th, 2008 at 1:31 am
I have traveled twice to Africa (Egypt and Kenya) and though several places in Latin America. Most people have been very friendly and let me take their picture. On the rare occasion they didn’t, they made it very obvious they did not want their picture taken. Every time I have been to a very touristy place (locations in Peru and Egypt primarily)they wanted a tip. I had a pyramid guard tell me to take a picture of him, and then expected a tip when I did.
Showing people the picture can be friendly, but a receipt for disaster. Make sure you know how to tell the kids NOT to touch the camera in their own language. There have been several times when I was in a small village in rural Mexico and almost had the camera ripped out of my hands by a hundred little fingers. I really didn’t want to $2500 worth of camera equipment because a group of kids were super excited.
January 19th, 2008 at 3:50 am
My aunt recently visited India and she came back with some pretty cool stories, and a few thousand pictures.
1. Children would stop her and ask to have their picture taken.
2. Children always asked for pens. This seems peculiar to me, but it turns out that children in India collect pens from around the world. Children would constantly approach my aunt asking “pen pen pen!!!”. So if you want to get some really cheap smiles visit your local businesses or stop by your work and pick up a few handfuls of pens (not just white bic pens or something with no writing on it). This will payoff huge.
3. People (usually middle aged males) would jump into her pictures and then request money for their photo being taken. She never paid them or had a problem with this once she rejected their request, just something to be aware of.
Northern and Southern Inia are very different. Northern is “old school” women are less free. Southern is more liberal ie women are more educated and equal to men.
January 19th, 2008 at 4:34 am
Don’t know if any of you guys saw the horrible movie “Touristas” but photographing a child without permission is what starts the trouble for the foreigners.
So what I’m saying is: take a picture without getting permission, and you could possibly be dissected by a crazy doctor.
Just saying.
January 19th, 2008 at 5:16 am
Does anyone know anything about photographing infrastructure (bridges, dams, public buildings, etc.) in New York City when it’s strictly for personel use?
January 19th, 2008 at 6:00 am
As an auto writer, I spend time in the paddock and pits at car races. When practical, I always try to “get permission” with a smile & a wave before I shoot. Even still, I still feel like a dirty paparazzi sometimes, especially if I’m shooting someone famous.
I was fortunate to shoot Paul Newman twice at the Toronto Grand Prix last year. The first time, was profile, from a distance so I couldn’t ask. The second time I was about 10 feet from him. I smiled & pointed to my camera & he smiled back and nodded. When I was done, I said thank you & he smiled & waved. I felt like I had done the right thing, not to mention I got some great shots.
January 19th, 2008 at 7:55 am
Permission is something I don’t know much about, and therefore I don’t want to get it wrong!
Some great advice here but would you do it differently if you were going to use and sell the image as a stock photograph?
January 19th, 2008 at 11:52 pm
Hello all,
Good question Mandy.
Do you have to get them to sign some kind of model release form – or can you take whatever you like (within reason!) on the street?
I love this blog – first time I’ve posted though!
This guy also gives some cool advice – http://philipdunn.blogspot.com
I’ve put it as my website I think but it’s not mine!!! I just wish I could take photos like the pros!!
January 20th, 2008 at 3:42 am
Hey!
In some places it is really important to ask for permission to take a photo especially if you are going to publish it or something.
Anyways lots of people already addressed this,I just want to say something else.
When you ask for permission,some people tend to pose or smile which completely ruins the whole purpose of it because when i take a photo(i m still a beginner),i want people to act normal because i want to capture them as they are not with a big smile on their face but that isn’t always possible because sometimes it is necessary to ask for permission.
January 20th, 2008 at 4:38 pm
Great tips on asking permission regardless of whether you are traveling or not.
A concern: I’m not sure about tip #6. Prolonged eye contact may be inappropriate or even offensive to some people or some cultures, especially if they are of the opposite sex. I don’t know if this is true in India but definitely something to keep in mind when traveling.
A question: It’s easy to take candid shots when you’re amongst friends (especially if they expect you to have a camera in your hand 24/7). But getting candid shots of strangers seems to be at odds with the general rules of politeness. Is it ok to ask permission, take the posed shot then take another when they have gone back to what they were doing?
Keep those DPS tips coming
January 20th, 2008 at 10:37 pm
interesting set of replies…
We have spoken a lot about permission and what and who you are and are not allowed to shoot whilst on public property. The answer, in the UK at least, is that if you are on public property and you don’t intend on making money from your photo, you can pretty much shoot anything without a release [airports / prisons / power stations could cause a problem, get permission first] Taking photos of kids is fine, be careful and don’t be an idiot if asked what you’re doing. [we're not all perverts so why be afraid of this?] Don’t take / give candy to kids… I know for a fact that i’d rather not have some stranger give my kid candy for two reasons – health and “don’t take candy from strangers” ….I very rarely ask for permission vocally, I will always indicate to my camera or nod a polite hello.. I’ve not come up against trouble so far [well, there was the italian police women that happened to step into my shot. but let's not go there!] This shot of “Bruce” was a candid, until he looked directly at me… I was already at about 4 frames a second when he looked, so, I didn’t get a chance to ask… [I did see him again, two weeks later and gave him a print of this photo - he cried and said "why would anyone want a photo of me"]
http://flickr.com/photos/visper/1500210954/
Don’t be scared to take photos. Everyone needs memories. Be human and extend common courtesy. Feel out your situation, if it doesn’t feel right – don’t.
January 21st, 2008 at 9:56 pm
A really useful article – I’ve been wondering about how best to approach this for a while now!
January 21st, 2008 at 10:28 pm
hello sir, I am got a new Nokon d40x SLR going to visit simla India next week..i want any body ( help) who is into professional photography who will lend an helping hand during my stay there.i want to click land scapes and be a part of the family of professional photography.
January 21st, 2008 at 11:08 pm
Concerning cultural differences, one must be very aware of the body language.
For instance, nodding in India is not done the way we are used to in European countries, Japanese people find it inpolite to touch or be touched by strangers, or simply showing your hand palm to say “wait a minute” can be understood “eat my poop” in certain parts of [Spain? Portugal? i don't remember exactly].
January 22nd, 2008 at 2:32 am
permission seems different in different cultures.. and you would have to do your homework.. a nod doens’t seem like permission to me.. expecially if you plan to use that photo for profit .. i live in the US and i (as a new photographer) feel uncomfortable to shot people… especially kids.
I was at a balloon fest and a guy was shooting behind my four kids and didn’t ask but i just stood in between them and him and he left… then i took that shot since it was really good.. but i felt uncomfortable i didn’t know who he was or what he planned to do with the photo…
January 23rd, 2008 at 5:05 am
I got off a subway once well below Philly but decided to take a shot of the surrounding buildings where you could see the distant larger buildings of downtown in the background. Nearly immediately I was approached by someone asking what I was taking a picture of. I explained that I didn’t realize you could still see downtown so clearly from there and wanted to take a picture to show my wife. The guy complained that he didn’t need to be in any pictures, but didn’t insist that I delete that photo – he just walked away complaining.
I later realized that I was on the corner of the high school and this guy, across the street was probably a drug dealer. When I looked at the picture I took he was actually just standing there looking at me. You would think he would have turned away or something if he was so concerned. What a dope, I mean doper. I guess I should be glad he didn’t produce a weapon and proceed to take my camera or something.
January 27th, 2008 at 4:35 am
Very good points. I wish every photographer follows these points. Being an Indian, I must say that every first time visitor find something amusing, something weird and something interesting in India. Sometimes few things are “inspired” by constant bombardment of the local media e.g. poverty in India (which is sometimes true but represented in a wicked manner) So I, of course, HATE photographing poor people (beggers and similar) as I strongly feel that they are helpless and so they are in such condition. Its not that they chose it to be. So when I see them photographed, I feel something like, a photographer is making fun of or mocking their condition (may not be always true) but I would rather leave them by themselves if I can not help them to alleviate out of that condition.
I came across such picture at the following link.
http://www.flickr.com/photos/lanza2004/176588299/in/set-72057594114746168/
and I posted my view candidly in the comments. To my great surprise, the guy turned out to be so cheap that he replied me following
einen schönen Urlaub Savyasachiji,
du bist sicher auch ein armer Inder !”
and of course, blocked me from responding back to his comment.
Such an immature individual!! I REALLY felt sorry for him. Seriously, the world would be such a nice place if such individuals disappear from this planet..
January 31st, 2008 at 1:49 am
Here in the Philippines, it’s pretty simple. You pull out a camera and people start smiling and posing. No permission necessary, Filipinos love having their picture taken!
January 31st, 2008 at 1:51 am
Hi Savyasachi, I agree with you 100%.
February 6th, 2008 at 5:03 am
So helpful!
Thanks!
March 3rd, 2008 at 7:18 pm
I once had a lady not want to photographed, but I spoke the language and was able to ask her why. She said it was because no one who had ever photographed her had ever given her a photo in return. Because I was shooting with a digital camera, I took the card into a photo store, had one printed and returned it to her. She was absolutely delighted. you might not always have this option of be able to communicate it properly, but it was fun to make her day.
March 13th, 2008 at 12:17 pm
I was in New York City last fall and wanted to photograph some incredible looking elderly women in a doorway in Chinatown but they clearly did not want me too. I was so bummed but of course respected their request.
March 29th, 2008 at 10:07 pm
I am new at this photograpy. I was always told that you need a signed release form if you take a picture of any identifiable person. Once I tried to sell a picture of a horse back rider letting their horse cool off in the ocean, and although the face of the horse rider was not able to be seen, I was not allowed to sell the photo because I did not have a signed form. This has really made me shy away from taking pictures of people. How can everyone say all you need is a verbal or sometimes just a nod?
Can someone who gets the signed release forms let me know how you ask people? I always feel like I am imposing when I want a signed paper. If I was the person in the photograph, I would not mind someone taking my picture, but if they asked me to sign something, I would say, no, thanks.
October 11th, 2008 at 12:40 pm
There seems to be a lot of confusion in the thread based on what “permission” you’re talking about.
Permission to take someone’s photograph, and permission to publish that photograph in some manner are two different things, not to mention that for what purpose it’s being published also adds another layer of complexity.
Canada, US, and another writer mentioned England (I can’t speak for any others) You can take a photograph anywhere of anything EXCEPT matters of national security (i.e. don’t go shooting your local military base)
You are the owner of that photograph.. you can sell it.. HOWEVER, if that photograph is PUBLISHED, then there may be need for a model release.
December 2nd, 2008 at 5:15 pm
Sometimes the smile of the people would show their approval and willingness to be your subject.
December 7th, 2008 at 11:14 pm
i agree with bogart. i think it is not easy for indian photographers to take photos of indian ladies but foreigners might not face this problem. if i take photos of very very poor or beggars then i give them few cents as gift even without their asking. recently i have realised that photos are not luxury any more in india. my photo gallery is full of street photography and while shooting i found that people are normally kind, they just need some respect .. thats it. welcome to india.
January 29th, 2009 at 9:26 am
My personal tip: if you have a good feeling with some people, that you take maybe more than a few pictures with them… ask for their address on a piece of paper (or email), take a picture of this address. When you copy your photographs back on your PC, you see the one with the email or letter, it will remind you to give a little bit back: a print or two :-) I’ve done that a few times and people are really happy to receive the prints or JPG by email afterwards.
February 18th, 2009 at 8:40 am
Excellent advise….we are traveling to Hong Kong later in the year and I hope to get some good ‘local pictures”
I am just learning how to use my camera on manual setting., so checking out your tutorials daily
cheers
March 10th, 2009 at 12:28 pm
Hi all,
I’m constantly astonished at the number of pro / serious amateur photographers who aren’t aware of the law in their countries. I am only able to speak for France and the UK, (since I live in both), but no ‘release’ or permission of any kind is needed from candid subjects except when the photo is to be used commercially (and this is where I think most people get confused). The legal definition of commercial usage is, to relate it to something tangible, advertising. Therefore that does not mean you cannot sell your images as art.
Just thought it might be worth putting that out there.
March 10th, 2009 at 7:24 pm
Fred (Another UK member here) Interesting then, that Getty will not take a photo of a person these days, even if it’s their foot / back etc without a release. What’s the world coming to eh..
May 23rd, 2009 at 3:42 am
Darren, I very much like your site – but have not yet fully “figured out” how to use it properly!
Regarding the “photography permission” article… (a) I was amazed to be challenged by “a lawyer” when [photographically] shooting my family outside the N.Y. Tiffany shop. This now happens in central London!
(b) Some historically cultural leanings should be respected. For example, exposure of the base of the foot
is a “no” in Thailand.
June 27th, 2009 at 7:59 am
Regarding permission to publish. By all accounts I consider the uploading of images to your own website, free photo sharing site (Flickr) or for sale publishing sites (SmugMug, etc) to be publishing. Therefore would you need written permission of anyone in the photos? I’m thinking so.
I’ve seen people post candid family photos on these photo sites, which are in plain public view of the world, and I doubt these people has given written permission. Whether or not the photography got paid or not, the web is a publishing tool.
Am I wrong? Can I post the family Christmas photos on the web without anyone in the picture knowing? I believe many photographers are violating the rights of people, who in their homes, are being photographed.
On another note, if I was in a shopping mall, a public place, although private property, can I publish to the web any photos I take?
June 27th, 2009 at 8:54 am
Keith, You’re not right, no… You don’t need permission from someone in a public place to either take their photo or to upload it to a free website / personal website. You can even print that image out as art and sell it some of the time. What you can’t do is advertise a product with it… For example, if I saw you looking cool and holding a can of Coke – I can’t just photograph you and use you on the Coke website. (That would equal court case)
The web is a publishing tool, sure, but there is no law that says you can’t take a photo of someone in public and post it on the internet. If someone found that photo, they could ask you to remove it – but legally you don’t have to.
I actually think that you should have a bit of a re-think about your whole idea on this, your thoughts are scarily close to reminding me of some sort of crazy police state… of course you can put your family christmas on the web if you choose?….
If you were in a shopping mall, you could put the images on the web, but not in an advertising or defamatory manner. If there is a sign on the front of the shopping centre that says NO PHOTOGRAPHY then, no.
You don’t need a signed person or property release for general street photography that is not intended for advertising. You can publish someone’s photo on the front of the biggest newspaper in the world and not get their signature… Of course, this is all subject to local laws – so make sure you’re not on private property breaching someone’s terms and conditions.
Hope this helps…. (Now you can relax and go take some photos)
Sime
June 29th, 2009 at 9:46 am
With respect to asking permission when photographing people, I have been a professional photographer on the Gold Coast for 20 years.
I learned a hard lesson early when shooting dining shots for restaurants. While shooting a wide angle shot at night I suddenly had a solicitor get up from a group dining table and almost kicked over my tripod,
indicating that his high profile client did not wish to be photographed.
These days I use humour to thaw out any potential situations in a dining shot.
I ask each table individually with a big smile on my face
“whether there is anyone having dinner with someone else’s husband or wife this evening”
That line has always broken the ice and I usually get full cooperation. On rare occasions I have hit the nail on the head with that question and couples have actually got up to leave or declined permission for the shot and that’s OK.
Peter Sanderson (pixelpete)
September 8th, 2009 at 10:31 am
Two points: I must disagree with Sime. I have photographed for travel magazines for several years all over the world, and when publishing pictures with a person as the focal point, I always have a model release, even if it is a candid shot. I taught “Photography and the Law” at university and know that there are laws that require model releases from both adults and children (two separate forms) if you want to avoid possible law suits. These forms are available on line from several Universities including Cornell or just go to a search engine. People do have a right by law to “public privacy” meaning you do not have a right to photograph them just because they are out in public IF they are the main subject of your shot. Crowd scenes are not a problem but shots of individuals or small groups need releases. However, having said that, anyone who has advertised himself for personal gain, has forfeited his right to public privacy under the law. This includes politicians (anyone who has run for elected office), performers, realtors who put their photos on their business cards, and a gigantic group of other people. Anyone who might be recognized in public fall into this category. Sime might have gotten away without releases, but it is not legal. In today’s world, to avoid legal action if you sell or publish photos, get a release and keep it in your files FOREVER.
_Point 2: I also am not comfortable paying for photographs. However, I have found in third world countries, if I carry a polaroid camera with me, and offer to GIVE them a photo if I can TAKE one with my other camera, works wonders, since in many countries it is either expensive or impossible to get personal photos.
September 8th, 2009 at 10:42 am
David and Peter bring up another point. Do be aware that there are “off-limit” sights as well as people when photographing. It is illegal in virtually every country in the world including the U.S. to photograph military installations, police and emergency buildings, and,all private businesses in the U.S., Britain, France and other western countries . You must ask permission before photographing in front of or inside almost all commercial businesses. Tiffany’s is a good example. Reason: Criminals would love a record of the inventory or the physical set up. Even though open to the public, businesses are privately owned (at least for now) in the U.S. and many other countries. Just because they are in a mall or open to the public on a sidewalk does not give you permission to take a photo of the business or even with it in the background. Ask permission of the manager or owner first. No release is required, but do get his name when you are granted the right to take the picture. Remember even though this law isn’t often enforced, especially in the U.S., it is there and you can pay a price for ignoring it. Barristers and Solicitors (lawyers and their helpers) are everywhere. Often nothing is said when you do it because businesses dislike causing problems in their establishments, but that does not make it legal. I think the discussion here is what is legal, not what we can get by with.
September 8th, 2009 at 10:47 am
One note: The law on personal photography does state that it is illegal if you are publishing it “for personal gain”. I don’t consider web sites, chat rooms, blogs and other “cultural” sites to be commercial. On the other hand if you publish those photos on sites that are selling them for you, you have crossed the line and need a release. Use common sense and let the word “personal gain” be your guide when photographing people. If you aren’t making bucks from what you are doing and if you watch your backgrounds so that you aren’t intruding on security problems for the buildings in the background and you should be fine. There’s a fine line between legal and illegal when taking images of other people. Be safe if you plan to profit.
September 8th, 2009 at 10:54 am
To Dawn: I lived in Hong Kong for 5 years and can tell you absolutely that you do NOT take photos of people if they know about it without permission. My daughter was chased down the street by a lady when her photo was taken. even though my daughter was taking the marketplace she was selling from rather than the lady. Admittedly the U.S. is much stricter on laws that Europe, because of our vast system of law suits. Hong Kong has learned by being a western country as a British Colony, and access to the US media the value of litigation. There used to be no lawyers (or soliciters) there, but there are now, even though they are under the control of China and no longer a free colony. Releases are NOT needed there, but permission definitely is. You can certainly take groups (for example Tai Chi groups exercizing in the park or people on the Star Ferry) since they are also used to “silly tourists” who photograph everything. But if you are taking a single person or small group, ASK first or be sorry later.
September 8th, 2009 at 11:19 pm
Interesting about the woman chasing. I feel this blog has helped me understand a great deal about legal rights of those I’m including in my photos. I have obviously violated tons of people at this point – interesting to note that google street view smudges all the faces of those on the street when their photo truck drives by. I can take this to mean they cannot get everyone to sign off and understand the privacy laws completely.
In my experience, the only time people have actually complained about being in one of my pictures – and I often take shots of crowds or gatherings – has been due to those people being involved with drug activities of some form or another. I generally don’t argue with any suggestions from these individuals, even though I just took a picture of a hundred people and haven’t singled anyone out. Delete or be deleted, I guess is a good rule of thumb.
September 30th, 2009 at 12:52 am
Great article. One should also be cognizant of what is acceptable legally in a country – for example in one Scandinavian country, one can photograph people for “personal” use but not for publication/professional use without explicit written permission.
October 12th, 2009 at 8:54 pm
Nice article, i like your moral aproach to the subject. It’s good for people to read it because many travelers really don’t know much about their destination and customs there. I act completely the same as you on my travels.
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