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Is it legal to take pictures in pubic and then post them online on say flickr, without their consent?

Say pictures on a plane, a rock concert etc?


Cheers

2007-08-16 07:32:01 · 13 answers · asked by Anonymous in Arts & Humanities Visual Arts Photography

Newyork gal.
There may be a photo that I have taken of a family member and "other" people may have been it the photo for example. I just gave a plane as an example, but etc mean any public place.
Cheers

2007-08-16 08:02:20 · update #1

13 answers

The issue boils down to "expectation of privacy" and "use of the images".

Someone out in public has no expectation of privacy. If they are in their own home, in a bathroom or some place that a normal person would consider "private", then you would not want to take pictures there.

Use of images refers to what you do with them. If you are just posting them on Flickr and not selling them commercially or trying to make money off of them, then there should be no issue. If you every wish to use the images commercially or make money off an image that you've taken with a person in it, you best have a model release.

2007-08-16 07:46:37 · answer #1 · answered by gryphon1911 6 · 1 0

Interesting question. I don't really know, but I'm going to put this on my watch list. I'm curious as to what the response is.

Personally, I'd say you don't have to have their permission. Think of all the video footage you see of people on the news, etc. Those people haven't given their consent. At the most, tv shows will blur out faces depending on the context the film is being used.

I'd put up the pictures. If someone asks you to remove a specific photo, you can always be courteous and comply.

Good luck to you!

2007-08-16 14:42:06 · answer #2 · answered by ♥Lucifer♥ 3 · 0 0

I'm pretty sure you technically need consent but I don't know how that is really possible with a huge crowd so there might be a loophole. It seems to me unlikely that someone would sue you for taking their picture in a crowd. Unless it is incriminating or embarrassing. I've definitely been in crowds on the news and stuff and I didn't consent.

2007-08-16 14:42:31 · answer #3 · answered by Mo 1 · 0 0

This guy wrote an excellent article on this issue of privacy: http://www.usatoday.com/tech/columnist/andrewkantor/2005-12-29-camera-laws_x.htm.
Basically, if you are in a public place and you can see something, you can take a picture of it. All that changes on private property though, so know where you are and what's expected of you.
And if you're taking a picture of someone in particular, it's just considerate to ask permission to use the image. (after you shoot it, since you're probably going for candid shots)
In this age of digital imagery, it's easy enough to just delete a photo if someone objects to your use of it.

2007-08-16 14:55:26 · answer #4 · answered by bmattj121 4 · 0 0

When in doubt, keep it out (of the internet). In this day and age, everyone is transparent. Give people the privacy they are striving to achieve. I know that privacy is somewhat a thing of the past, as "everyone" is looking at us, and we are leaving behind a papertrail of everything we do, what we buy, and what we spend our time and money on.

Hope this helps.

2007-08-16 20:56:05 · answer #5 · answered by rc 5 · 0 0

Always ask for permission to photograph someone.
Go to Staples or similar store and get a contract that you can use to have people sign their consent to be photographed.

Airlines will not let you photograp passengers, what is your reason for photographing passengers?

Depending on whom you photograph, there is always the chance of a law suit, especially if you photograph the wrong person.

2007-08-16 14:51:47 · answer #6 · answered by newyorkgal71 7 · 0 1

You can post pics of rock concerts, but average people say at a park, no. This is a matter of model rights.

2007-08-16 14:41:55 · answer #7 · answered by firey_cowgirl 5 · 0 0

I suspect you are asking for trouble if you post photos of people, while inanimate objects are probably less of a concern unless copyrighted. It could, however, attract the attention os law enforcement or Homeland Security in the U.S.

2007-08-16 14:41:05 · answer #8 · answered by crustysob 3 · 0 1

Gryphon seems to be the only person that has the right response. The others are all guessing.

So, for my 2 points, I second Gryphon.

2007-08-16 14:53:37 · answer #9 · answered by photoguy_ryan 6 · 1 0

I don't think so, but maybe, we found a picture of my sister online once. I have to say though it is very likely that it is.

2007-08-16 14:37:22 · answer #10 · answered by Monkeymoo 2 · 0 0

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