Is it legal to take photos of people without asking?

investment

Is it legal to take photos of people in a public place without asking and post it on the photo's on the internet??

Tom Young

See www.digitalrights.ie .... its all explained there.

Paulw

investment wrote: »

Is it legal to take photos of people in a public place without asking and post it on the photo's on the internet??

Yes, it is. Once it's taken in a public arena, you're fair game.

If you find photos of you online you can request the photographer to remove them, but it is totally their decision. They will still hold the copyright and control how/when/where the image can be used.

Most reputable photographers, upon request, will usually remove the image.

investment

Paulw wrote: »

Yes, it is. Once it's taken in a public arena, you're fair game.

If you find photos of you online you can request the photographer to remove them, but it is totally their decision. They will still hold the copyright and control how/when/where the image can be used.

Most reputable photographers, upon request, will usually remove the image.

Thanks for the response Paul, I spend half the day on that link above and found nothing

So that person can definitely not sue you or your company for putting a pictures of them in a public place on your website?

source

investment wrote: »

Thanks for the response Paul, I spend half the day on that link above and found nothing

So that person can definitely not sue you or your company for putting a pictures of them in a public place on your website?

Here's a better link, Once in a public place a person has no presumption of privacy and is therefore fair game for photographing.

From my link:

Photographs in a Public Place

You are not allowed to harass people in the course of your photography – stalking someone, or repeatedly blocking their way to take a photograph of them could be construed as harassment; simply taking a photograph of them probably won’t. Taking photographs of people in public is generally allowed – however, an exception is made where the subject would have a reasonable expectation of privacy. You’re perfectly entitled to take a photograph of someone walking down the street – but hiding in a tree to take a photo of them in their home may get you into trouble.

You are not allowed to obstruct movement on the highway (roads, footpaths, cycle paths etc), or the work of a police officer, while taking photographs. Whether you are regarded as obstructing will depend on the situation, and you will generally be asked to move along by the police, if they view your behaviour as obstructive. If you refuse to do so, or persist in obstructing the highway, however, you may be arrested

not even wrong

investment wrote: »

So that person can definitely not sue you or your company for putting a pictures of them in a public place on your website?

There are two separate questions here:

1. is it legal to take a photograph of a person in a public place?
2. is it legal to publish those photos?

The answer to the first question is "yes", the answer to the second question is "it depends". In general if you're using a photo of a person for commercial promotion without their explicit consent you're going to be on shaky legal ground.

Paulw

investment wrote: »

So that person can definitely not sue you or your company for putting a pictures of them in a public place on your website?

If you're using it for your company, as advertising, then that is very different. You can't use a random image of someone to endorse a product without their explicit consent.

But, if you're displaying the image - "here's an image I took on the street", then that is fine, in general.

Nolanger

If you see someone standing in the street pointing a camera at you just put your hand over your face and keep walking.

investment

not even wrong wrote: »

There are two separate questions here:

1. is it legal to take a photograph of a person in a public place?
2. is it legal to publish those photos?

The answer to the first question is "yes", the answer to the second question is "it depends". In general if you're using a photo of a person for commercial promotion without their explicit consent you're going to be on shaky legal ground.

Thanks for the advice. So if some took a photo of a person falling over in public the ice, then put it up on there website for non slip shoes they would be in trouble?

investment

Paulw wrote: »

If you're using it for your company, as advertising, then that is very different. You can't use a random image of someone to endorse a product without their explicit consent.

But, if you're displaying the image - "here's an image I took on the street", then that is fine, in general.

Paul I take it you have a deep knowledge of the law, thank you for your great advice its been very helpful.

Paulw

investment wrote: »

Thanks for the advice. So if some took a photo of a person falling over in public the ice, then put it up on there website for non slip shoes they would be in trouble?

They could, yes. It's possible.

You'd need to talk to a good solicitor who specialises in that area of practice.

investment

what about if a member of the public posts a photo of another member of the public on a website without them knowing ?

Paulw

On a site like pix.ie or flickr? No issues there. Many people do it.

Those images are not advertising a product/service. My website and my flickr/pix pages would have images like that.

Ask anyone in the photography section of boards and almost all would have at least one image of a random person, taken in public.

not even wrong

investment wrote: »

what about if a member of the public posts a photo of another member of the public on a website without them knowing ?

It depends. Is the photo (or its context) defamatory? Is it intended to harass? Does it imply a commercial endorsement? But in general there is no rule against publishing photos of random people taken in public.

investment

not even wrong wrote: »

It depends. Is the photo (or its context) defamatory? Is it intended to harass? Does it imply a commercial endorsement? But in general there is no rule against publishing photos of random people taken in public.

No the photo would not defamatory or harass.

eg Poster writes I seen a hot lady with big boobs, and a photo showing her

investment

Paulw wrote: »

On a site like pix.ie or flickr? No issues there. Many people do it.

Those images are not advertising a product/service. My website and my flickr/pix pages would have images like that.

Ask anyone in the photography section of boards and almost all would have at least one image of a random person, taken in public.

Yea it would be like pix.ie, except you could comment

not even wrong

investment wrote: »

No the photo would not defamatory or harass.

eg Poster writes I seen a hot lady with big boobs, and a photo showing her

uh you think that's not harassment?

Paulw

In that case, if a random posted made the comment, the that poster would be in the wrong.

But, if the photographer simply posted the pict (without such a comment), the photographer should be ok.

investment

not even wrong wrote: »

uh you think that's not harassment?

Bad example sorry lads

but you get my point

investment

Paulw wrote: »

In that case, if a random posted made the comment, the that poster would be in the wrong.

But, if the photographer simply posted the pict (without such a comment), the photographer should be ok.

You hit the nail on the head

and If the owner removes the comment no harm done, or checks all comments before they are posted first

bryaner

Nolanger wrote: »

If you see someone standing in the street pointing a camera at you just put your hand over your face and keep walking.

Is that you Martin??