5.26.2020

May 2020 Reprint #2. Getting approval to take someone's photograph in a public space.

https://visualsciencelab.blogspot.com/2011/05/approval-tacit-approval-implied.html


This was a very popular post when I wrote it back in May of 2011. I don't think much has changed but a lot more people are practicing "street photography" and I thought the content might be helpful for folks who are new to the genre. I tried to explain how I handle the balance between my right to do something and a subject's right not to participate.

Dani. At Medici Caffe. Austin, Texas

8 comments:

Anonymous said...

'graph 6 last sentence of that older post.

Did you mean to say 'without express permission"? Or did I misread?

Lee

Kirk, Photographer/Writer said...

Lee, Good catch. You were the first one to notice the typo/intention in 9 years! Sharp eyes. Thank you, I fixed it. KT

karmagroovy said...

Lovely shot of Dani! What I love the most is her "messy" hair. Had there been a stylist on hand to coif it up, it wouldn't have been as unique a shot IMO.

Michael Matthews said...

I’ve often wondered about “for commercial purposes” vs.”art”. If a photo is offered for sale as a print (“art”) does that qualify as commercial purpose? Obviously the unauthorized use of a person’s image in advertising or product branding without consent and payment is verboten. But what about the museum visitor gazing with furrowed brow at a work of art? Assume the two elements are of equal weight; the interaction is the subject. Or the museum guard who is purely incidental to a wider scene (other than perhaps reinforcing the “where” of the photo)? I’ve always assumed that the sale of a print showing any identifiable individual creates a liability.

Not that anyone’s banging on my door demanding to buy.

Sandy Rothberg said...

You make like (or even love) the 12-60 but wait till you put the 10-25 f1.7 on the G9
My every day carry. Since it arrived I have not taken it off the body.
A spectacular lens.

Keith said...

What are your thoughts regarding questionable editorial use? Should people have some control of their image (even if taken in public) to prevent said image from being used completely out of context?

https://petapixel.com/2020/05/18/former-mcdonalds-worker-convinces-getty-to-stop-selling-photo-of-her-used-in-negative-articles/

G Gudmundsson said...

Beautiful image

Anonymous said...

About a decade ago we were in a National Forest and at a popular swimming hole. I took a few pictures of my wife and our son. A few years ago I was browsing books and was surprised to see an almost identical photo on the cover of a guide book. I bought the book and showed it to my wife and son. They both think it's kind of cool to be on the cover of a book.

Should we ask for a percentage of the royalties ;-)

DavidB