Photographing People on the Street - YouLookFab Forum

Category

General

Welcome! Read about what to wear and how to wear it on the YLF Blog. Join the YLF Forum to ask specific questions or just chat about fashion and personal style. Or check out the curated list of things we love in YLF Finds.

Outfits Ensembles Trends Advice

Photographing People on the Street

Gaylene

Veteran

I'm loving all the vacation pictures that I'm seeing on the forum recently. They are especially welcome in this dreary stretch between winter and full-on spring.

But I've got question that I'd like to get some feedback on that has been bugging me the last few days: Is it OK to take a picture of someone without his/her knowledge and then post it on the Internet without permission?

I realize that I'm much older than many of the forum members and much more concerned about privacy issues than many people these days. I know my students freely post all kinds of pictures and talk about all sorts of subjects on their Facebook pages which are open to the general public. Many seem quite comfortable with that kind of exposure. But I also know, at our university, we are extremely conscious of the need to have written permission before we post any pictures that clearly identify an individual. I'm also wondering how I'd feel if I suddenly saw my image on the Internet, especially if the picture was taken without my knowledge and posted without my permission.

What are the guidelines here? If you are in public place, are you "fair game" if someone takes your picture with an iPhone and posts it without your knowledge or consent. Is posting without someone's knowledge or consent OK if the head is cropped or the person's face is turned away? Is it OK if the intent is to praise, but not OK if the image is used to ridicule or criticize?

What are the "rules" for street photographs? Or are there any rules?

General

18 replies

Latest reply was from rebekahphoto

Suz

(website)

Veteran

I'm not sure about this, Gaylene. It's an issue that has troubled me, too (even though I posted photos of people from my travels). I will say that in any photo where I featured a person's face and she was going to be recognizable, I asked permission. I didn't ask permission if the person was some distance away, photographed from behind or the side (and hence pretty unrecognizable). Ideally, I guess I would have edited out the faces and perhaps I would do that next time.

I didn't ask permission to photograph the Docs on the subway in London. I figured if it is totally anonymous like that, it is fine. It certainly wouldn't bother me at all if someone took a picture of my shoes and posted it.

Suz

(website)

Veteran

The more I think of it, the more I wonder if it is simply a new frontier, in a sense. After all, we've been taking photos of landscapes (or painting them) for centuries. And there is photo journalism, too. I don't think photo journalists ask their subjects' permission.

But it really is an interesting ethical question. I think for myself, I'll continue to do it, but be more assiduous about asking permission in the future.

Makrame

Veteran

It's an interesting question. According to some photography websites, one can take pictures anywhere where there is not a reasonable expectation of privacy (i.e, in the street, public square etc., not in someone's backyard or in a restroom). How this relates to posting images online is probably a different issue (and, of course, there are not only legal but also ethical considerations).

Krista

Veteran

I belong to a photography club and we discuss this topic frequently. I know for sure you cannot take a picture of someone without their knowledge and sell it to profit yourself (eg. if you were talented enough to have a show of your work). My understanding is that you can take pictures of other people on the street, in landscapes, etc to keep for yourself. What I don't know for sure is the ethics of posting it on the internet for the purpose of sharing. Even street style photographers like The Sartorialist request permission from their subjects before the photo is posted, so I think it comes down to your own personal feeling about it. If you're posting it and you don't feel good about it, maybe you shouldn't post it.

ETA: Here is a link to a short video documentary where The Sartorialist is discussing his work. Throughout the video he is seen repeatedly interacting with those he wishes to photograph
https://www.youtube.com/watch?v=e5NgG5koPZU

Gaylene

Veteran

Thanks for your thoughts, Suz. I think it is a new frontier.

It's the public nature of posting these images on the web that got me thinking about it. I mean, chances are good that we all are in all kinds of vacation photographs as an unwitting bystanders. What has me wondering, though, is an image that is clearly focused on an individual, especially one who is unaware of being photographed.

If I saw an image of me that was taken while I was unaware of being photographed, and subsequently posted on a website (perhaps with comments?), I'd be shocked and more than a little uncomfortable. But, maybe, it's just my age?

Parsley

Veteran

My take on it (as one of the people who has recently posted travel pictures) is that people in a public place do not have a reasonable expectation of privacy. I wouldn't post pictures taken in a private setting without permission, but on a public street or setting it's a different story. In general I draw the line at photographing other people's children unless I have the parents' permission, but plenty of people don't share my hesitations in that regard.

I do find it unethical to take photos of people in compromising positions (bending over and exposing skin that is usually covered, for example), or to take photos looking up women's skirts, etc.

I also personally would not post pictures of people for the purpose of ridiculing them: The People of Walmart comes to mind, as well as fashion "Don'ts", unless the person's identity is hidden.

I'll be curious to hear what others think about this subject!

Gaylene

Veteran

Makrame and Krista, I think you've touched on what bothers me; it's not the picture itself, but the public posting, that makes me wonder about where to draw a line.

It's so easy to photograph everything these days, and to post pictures on all kinds of websites, maybe we just have to get used to living with the idea that our image does not belong to us any more?

rachylou

Veteran

Well, just off the cuff and on the run... I think you're fair game for personal scrapbooks online and off in public places. If a person is selling your likeness in some way, then they need your permission.

I don't think people should put names and faces together without permission - like uploading a pic to Facebook of "my friend RachyLou." Because it's those connections that make meaning and trouble.

The thing is, all our pics are already out there. Starting with our driver's licenses.

p.s. Oh and people should know better than to do things like mock the innocent and unfortunate. Bullying is wrong.

Anonymous

Honestly, I am not comfortable with it, so I never do. I guess it is because I would be totally pissed off, if I see an "unauthorized" picture of myself on the web.
My main issue is that I also find that I would have to "sneak in" the shot. No one is going to flat out stand in front of a stranger and take a cell phone shot, you know? ( especially not advisable in NYC), so it feels a little concealed thus "not-too-right" maybe?

Suz

(website)

Veteran

Yes, it's definitely the public nature. And Parsley touches on something else -- the possibility that the image might be held up to ridicule. Of course on YLF the photos we post tend to be because we admired the person's outfit or found it interesting. But not everyone is as well-intentioned as we are!

I will say that when I asked permission, people readily gave it. They were quite flattered to be photographed, in fact! So it's often not that difficult simply to ask.

But this is similar to the issues that come up for me as a writer. I write a lot of personal essays and memoir where other people enter into the story. I don't always ask their permission, in fact. Some would think that is wrong. And I can see the argument. But I still think it is important for me to do what I do.

Deborah

Veteran

Personally I don't think I would post without permission. However I have been known (like yesterday) to take a photo of part of a person hence they cannot be identified. Yesterday I took a pic of a yang teenage girls feet because her shoe/sock combo was very cool and something g I had not seen before. My intention is to post it o YLF. Had I wanted to photograph her whole outfit, I would have asked permission, particularly given she was really a child and was with her mum:)

Gaylene

Veteran

Parsley, I'm glad you commented. I loved looking at your photographs of Paris, but it was the picture of the girl on the subway that made me start thinking of this whole idea of privacy in a public place. I'm with you in never photographing other people's children without asking permission, and, when I'm on vacation in certain parts of the world, usually ask permission before photographing a person directly. But I've also snapped pictures of people walking in the street for my own personal use. And, not long ago, posted a picture of my tile man when he was working on my kitchen on this very forum. His face was clearly visible and I'm sure he had no idea when I took the picture that he would end up on a fashion forum. He might think it was funny--but, then again, might not.

I've got the feeling that this isn't an easy decision.

Sveta

(website)

Veteran

I did not take any 'street pictures' this trip but last year from Paris I either posted pictures taken from the back or cut off the head. I don't think you can recognize anybody this way so in my opinion it is not a privacy concern.
i don't post pictures of anybody with face clearly visible as I think it may be not appropriate.

Gaylene

Veteran

Rachylou, Zap, Deborah, Suz, and Sveta, thanks for weighing in with your thoughts. It's obvious that this topic doesn't lend itself to easy agreement. But it feels somehow right to at least get some idea of the different opinions we might have about this topic. And maybe even a few guidelines, like not showing faces?

I guess I didn't hesitate to post my tile guy's picture, but, when I thought about how I would feel if I ran across a photograph of me on the web, my feelings were much more mixed. If the picture was flattering and the comment was nice, I might be secretly pleased. If the pictures was unflattering and the comment not so nice, that would be a whole other story.

Parsley

Veteran

I found this excellent guide for photographers in the UK about the subject:
http://www.urban75.org/photos/.....oting.html

ETA: Here's something similar for the US:
http://photorights.org/faq/is-.....out-asking

And for Australia:
http://www.artslaw.com.au/info.....rs-rights/

Diana

Veteran

Hmm, I don't really take many street photos because I feel too self-conscious whipping out my camera in the middle of the street! But here are my thoughts anyway.

Anyway, I would refrain from showing faces or really obvious identifying characteristics (like a big tattoo or something), but I don't really feel like it's wrong to post more anonymous pictures. Of course I wouldn't post them to say anything mean though!

I personally don't think I have any expectation of privacy when out on the street and in public places, so while I think it would be nice if someone asked if they could post my photo, I also wouldn't be overly upset if I saw my photo somewhere. If it was unflattering or used in a mean way, I'd ask for it to be removed. I do think that if a photo subject asks that you remove their photo, you should do so.

Gaylene

Veteran

Great links, Parsley; they were very informative. I think Canadian federal law is much the same as UK law in this area, but the whole legal thing gets much murkier when it comes to our provincial privacy and human right legislation. Some provinces in Canada actually do seem to prohibit distribution of non-authorized photographs of non-public figures, even in journalistic or artistic ways, but it would probably take a legal opinion on a case-by-case basis to actually know what was, and wasn't, permitted.

The ethical issue, of course, is harder. To me, it seems intent ought to play a role; for example, if you post a picture with a "isn't she gorgeous!" intent that seems quite different than posting a picture with an intent to ridicule. And then there is the question of what is just good manners as opposed to what is legal.

I know that many forum members were outraged with Angie's experience with Glamour magazine http://youlookfab.com/2011/08/30/a-pinch-of-salt/ when her picture was published on their webstie without her knowledge, especially when the commentary was not flattering.

And I agree with Diana that it would just be good manners to remove, or not post, any picture that someone asked to have removed or was unflattering.

rebekahphoto

Veteran

Hi Gaylene, Some very good points have been brought up in this conversation and much of it does come down to what you feel comfortable with, and how you would wish someone would treat photos of you online. I personally am careful about what I post online

Technically, if you are in any public place you can take a photo of anyone, and use it for editorial or personal reasons without a release. If the image was used in a malicious way, (something like "people of walmart" there could possibly be defamation case) For commercial work of any kind, a model release is necessary.

Some street photographers like to have a simple model release printed on a small card just in case they find a great subject. you never know when an image might be suitable for another use, you can also get the subjects email and send them a copy of the image if they would like.

ASMP (American Society of Media Photographers) has a great bunch of information on their site about this topic, as well as sample model releases and such:

http://asmp.org/tutorials/prop.....VZDHoVa-dM