is it illegal to take photographs of people on streets/trains without asking them for permission?

Answer 1

If you're in the United States, the general answer is that as long as you're on public property, or on private property with the permission of the owner, you may photograph anyone or anything you wish.

There are two exceptions to this. The military can prohibit photography of certain military bases or nuclear power plants according to the wishes of the commander. The other exception is you may not photograph people in a place where they have a reasonable expectation of privacy, such as their home, a rest room or changing room, or a medical facility.

Of course, if a person requests that you don't take their photograph, it would be polite to comply, although legally you aren't required to.

What you do with the pictures you take is another matter. If you are taking for your own purposes, you don't need a model release. If they are being used for editorial purposes-i.e. a newspaper or magazine, you don't need a model release. If you're using them for advertising or other commercial purposes, you do absolutely need a model release. Selling fine art gallery prints is a sort of gray area, although it's probably best to get a model release to be on the safe side.

In any case, though, the internet is a bad place to get legal advice, and I'm not a lawyer. Also keep in mind that the above is only applicable to United States law-if you're not in the United States, you should definitely check with a qualified local attorney.

Answer 2

It depends on the intent and use of the photographs whether the photograph is of commercial value, or of fine art/journalistic value. If the photo is being used for commercial purposes such as an advertisement and you photograph someone on the street and use their likeness to promote some product or business then you better have a model release or that person can definately come back and claim not only the photo but any monetary gains made from the image.
On the other hand if you are a photojournalist, or a fine art photographer and you take an image of a random person (or even say a copyrighted image such as a coca cola sign) you will most likely be ok unless local right to privacy laws state otherwise. Basically with regards to taking photos of copyrighted products and such you are protected under fair use laws although this is subject to interpretation and is not 100%.
As far as other restrictions you should be concerned about. There may be restrictions or even bans on certain types of photos. These include photographs taken without permission on private property (such as homes, shopping malls and theme parks), photos that unduly invade an expectation of privacy, and photos which give a negatively false impression of the subject.
If you are ever in doubt as to whether or not you should use a model release, it is always best to side with your doubts and have the person sign the release. It could save you a lot of misery in the future especially if you are not certain how the imagery will be used. On a final note everything is up to interpretation in a court, so just because you interpret the law in favor of yourself this doesn't mean it can't be interpreted by a judge in a way that doesn't favor you.

Answer 3

The right to photograph, sketch, etc in public places is pretty well established except in places which are specifically precluded. Defence installations, border posts, police check points and royal houses are excluded in one country or another. It pays to check the local laws about these sorts of sensitive areas.

The more interesting question is whether it is appropriate to ask permission. If an individual is the be the subject, rather than incidental, this increases the obligation to seek permission. However, to do so in anticipation may ruin the spontaneity of the composition, and risk the individual posing knowing that they are being photographed.

In some countries, you may be expected to make a payment or a purchase to photograph individuals. I generally don't mind if this is clear at the outset, but I do get annoyed if the hand goes out afterwards.

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Added:
Ben H's summary is very good, but there is a minor point. Technically, it is the publisher who needs to establish that the image is being used for a purpose which the subject could reasonably have expected to be used, whether it is editorial or commercial. For practical purposes, this means the photographer obtains the model release if they want to sell their images for commercial purposes.

Answer 4

Since most peoples profiles are empty I have no idea what part of the world you live in... so with that said.

Shooting pictures of people on trains is not illegal ... BUT with the way the world is to day and the "War on Terror" thing going on some people might think you are staking out the area to do harm. The other would be the somewhat invasion of privacy (if riding on a train is private).

In most cases if used for editorial purposes you would not be required and you were shooting large amounts of people in one photo.. but it is always better to have a model release.

So take a look at these websites for some more answers.

http://www.asmp.org/commerce/legal/releases/
http://www.copyright.gov/

P.S. Alot of this information is dealing with laws of the US and other counties also go with US laws for copyright and add theirs to it also.

Hope this helps,
Kevin

Answer 5

Ben H is exactly right. You are able to take photos of anyone or thing that is out in the public (with the few exceptions he listed). However if you are going to take pictures, of say, kids on a playground, I would suggest asking the mother or father before doing so. Some people get really strange and weirded out if some random person were to be taking pictures of their child.
(I know I would, considering all the pedophiles we have these days.)
Just make it a rule of thumb and ask before doing so. It's the polite thing to do. =)

Answer 6

you took the picture right? if someone else took your photo, and put there name on, now i would say that would be wrong or taking it without permission. so its not illegal to take pictures of people on the streets or trains.

Answer 7

No. But you may have an issue with reproducing the photographs. You usually have to have a release from the person in the photo to use their image.

Answer 8

I think that Ben H has it exactly right. There is nothing wrong with taking photos of people in public settings. You have a different concern when you go to publish them though.

Answer 9

Depends what you use it for. If your just taking a picture and you just keep for memory it's fine. But if you take a pic of a person and publish it, then you can get sued. Also it is extremely rude. but if it's a picture of multiple people, you'll probably be fine.

Answer 10

It isn't illegal. Just be cautious and polite when taking them, ESPECIALLY when children are involved. It someone looks annoyed with you taking their picture, be polite and don't take it.