Just a thought

[Stephen23]

Just a thought but what is the copyright situation (European that is) on any people we photograph in the street?

What rights do we have to publish and/or display such pictures?

I know from my work in the film biz that a release form had to be signed for anyone who appeared on camera, but this obviously wouldn't work with street photography.

Anyone the wiser on this one?

Stephen

 

[Mauro]

Dear Stephen,
for us European a EU regulation on Privacy is in force: so every EU country had to issue its law according to this regulation.
I know the argument as I studied the Italian Law so I could send you my explanation via PM if you like.

Ciao,
Mauro

 

[Stephen23]

Yes Mauro it would be nice to know the legal position, but I guess it won't stop me shooting!

Cheers
Stephen

 

[Ash]

I previously asked the same, but on public land there is no protection for an individual being photographed, as long as it's not deliberate for commercial purposes or something.

 

[photogdave]

I don't know how helpful this is but in Canada you are free to photograph anything you want as long as THE PHOTOGRAPHER is on public property. So if you were standing naked in your window and I was on a public street, I could take as many shots as I want while I can clearly see you. (I wouldn't do that though!)
I could publish those photos in an editorial manner if I wished. I would need you to sign a model release if the photos were to be used in any kind of promotion or advertising.

 

[Xmas]

Stephen
I think you have the copy right of anything you take unless you have negotiated to exchange if for money or other consideration, you need a copyright Stephen stamp on everything.
Publishing a photo not taken in public will be a problem. There may be a request to leave a non public place etc. but it is difficult for a land owner to do anything about the latent image(s), you may have taken.
Publishing a photo which indicates some thing which the person takes exception to may be a problem unless the person is a celeb. Eg a photo dancing with the wrong person and an snide editorial caption will land you and editor in trouble.
If you are in to commerce you need to be a legal eagle, but you would not be using a leica II clone then?.
Noel

 

[mc_vancouver]

From what I understood when I was visiting Paris, there is a right to privacy law in France that precludes one taking pictures without the subject's permission. This is too bad as there are all those boys in berets proudly carrying loaves of bread, and men jumping puddles, and couples kissing in the middle of the street, and well-dressed ladies with little dogs in the Jardin Luxembourg...lucky for us the law wasn't in effect when HCB was shooting.

 

[photogdave]

😀 😀 😀
Actually I think the law was in effect. I believe the law came into being at the dawn of photography and was/is enforced in France and all its colonies. At least that's what the police told me as they threw me in jail for photographing on the streets of Senegal! :angel:

 

[Stephen23]

Seems to be a slight difference of opinions on this. I guess it's a case of carry on shooting and if the muck hits the fan start running or digging?

 

[Ash]

Stephen, I've never been stopped for taking a photo, anywhere.

In the London Underground, or public transport stations or near power stations and military sites you cannot, as it is a threat to national security. For the most part you can get away with it.

As with the laws in France etc, I severely doubt many tourists take it seriously, and for a start the image itself may become illegal, but for film at least, chances are it is developed in another country so where does the law end? The taking of the photo, or the processing?