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Street Photography Question

  • 12-03-2014 8:32pm
    #1
    Closed Accounts Posts: 30


    Hi everyone,

    I just have a question about the legality of street photography. I know that it's perfectly legal to take a picture of a person in a public place without there permission, but what about publishing these photos online?

    Would I need permission to post the photo on my photography Facebook page? or is it perfectly fine to post it to Facebook without permission?

    If they request that I take it down, would I legally be required to do this? or would it be more of a courtesy? I'd obviously take it down if that was what they wanted, but it would still be nice to know if I'm legally required to do so.


Comments

  • Registered Users, Registered Users 2 Posts: 138 ✭✭Alltherage


    So my not at all definitive understanding is that you can't license them without a release, but you do own those images and there should be no issue with non commercial use. Your own portfolio, prints and social media presence should be fine as long as by uploading you're not also transferring the rights to the images. Facebook is pretty particular that they only asume the right to display the image on your behalf and once you remove it they wont retain the image or any rights to it, other sites not so much so be careful with that.

    You'll run into trouble if it's an area where even though open to the public somebody might have an expectation of privacy or if you've altered the image and it becomes a libel issue. I'm not qualified to be more clear on either of these issues and the boards stance on legal advice is "don't" so I'm not going to try. I will say that I do go out of my way to avoid situations that even skirt spaces like that.

    Edit: I keep the following bookmarked http://www.digitalrights.ie/photographers-rights/


  • Registered Users, Registered Users 2 Posts: 5,042 ✭✭✭spooky donkey


    I see they made it illegal for any street photos in some eastern European country now, I think it was Hungary, but they seem to be targeting the press more so there....


  • Registered Users, Registered Users 2 Posts: 6,250 ✭✭✭pixbyjohn


    I see they made it illegal for any street photos in some eastern European country now, I think it was Hungary, but they seem to be targeting the press more so there....

    http://petapixel.com/2014/03/15/taking-photos-without-permission-now-illegal-hungary-photographers-outraged/


  • Registered Users, Registered Users 2 Posts: 545 ✭✭✭amdgilmore


    You're not legally required to have a 'release' in Ireland, though you will need one if you are selling the photos via an agency like Getty (they insist).

    If the person is in public there is no reasonable expectation of privacy and the photographer owns the copyright. Meaning you can do whatever the hell you want with the photo, provided you don't alter it in some defamatory way.

    That's the legal position. I don't personally like it. It might be perfectly legal, but it's still intrusive and frequently unwelcome for the subject. If you really must do it, be respectful about it - don't skulk or make people uncomfortable. And do honour any requests to delete or take down.


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