Is it OK to upload pictures of people without their consent?

Discussion in 'Open Discussion' started by ballcall2, Sep 16, 2012.

  1. ballcall2

    ballcall2 Mu-43 Regular

    42
    Aug 11, 2012
    I wanted to ask whether it is legaly OK to upload pictures of a person without his consent (for example an intresting person I saw on the street)?
     
  2. phrenic

    phrenic Mu-43 All-Pro

    Sep 13, 2010
  3. Ray Sachs

    Ray Sachs Super Moderator

    Apr 17, 2010
    Near Philadephila
    I hope so, or else I'm really in BIG trouble! :biggrin:

    I think it varies by country, but in the US it's fine if it was taken on public property and isn't used for commercial purposes - you can sell it as art but the image couldn't be used in an advertisement without permission.

    -Ray
     
  4. ballcall2

    ballcall2 Mu-43 Regular

    42
    Aug 11, 2012
    I asked that because I took a picture of an intresting man when I was in Italy and I uploaded it, and then I tought to myself whether it's ok do to so. Eventually I decided to take it off, because I believe that it unfair to upload someone's picture to the web without his permission.
     
  5. dogs100

    dogs100 Mu-43 Top Veteran

    966
    Nov 12, 2011
    N Devon UK
    Geoff
    I can understand the issue with people ... but someone tracked me down and threatened all sorts of because I photographed his dog at a country fair. Bizarre!!
     
  6. goldenlight

    goldenlight Mu-43 All-Pro

    Jan 30, 2010
    Essex
    John
    Basically it's fine, but just use common sense. I wouldn't use pictures that maybe make someone look stupid, particularly if taken out of context and I wouldn't use a picture to ridicule a stranger (though I might do it to a mate - see below *)!

    In theory the same thing applies to children, although in the UK at least this issue is far more controversial. Rightly or wrongly parents have become obsessed with the idea that pictures of their children might be used by perverts and so generally I don't photograph them in the first place, unless they are in a carnival parade or something similar.

    As Ray said, using pictures of people of any age to advertize or endorse a product or service without a model release form should never be done.


    * I used a picture of my best mate and turned it into a spoof magazine cover, which I then published on another forum. His wife thought it was hilarious! :biggrin:

    [​IMG]
     
  7. RevBob

    RevBob Super Moderator

    Jun 4, 2011
    NorthWestern PA
    Bob
    As are a lot of us! :biggrin:
     
  8. Just Jim

    Just Jim Mu-43 Top Veteran

    941
    Oct 20, 2011
    Just get release form app if you have a smart phone. It makes sense. Certain public places require permits. Any person you don't know you should ask a for a model release. There are plenty of apps availible, no excuse for lack of dilligence, should you find yourself in hot water.
     
  9. greenarcher02

    greenarcher02 Mu-43 Veteran

    330
    Feb 13, 2012
    Manila, Philippines
    I don't sell them, they never would anyway, but I post photos of random people without their knowledge. Mostly taken on malls. That's ok right?
     
  10. RnR

    RnR Mu-43 All-Pro

    Sep 25, 2011
    Brisbane, Australia
    Hasse
  11. lenshoarder

    lenshoarder Mu-43 All-Pro

    Nov 7, 2010
    I wouldn't out of courtesy. I wouldn't want people uploading pictures of me without consent and thus won't upload pictures of anyone else without their permission. Without it I blank out their faces.
     
    • Like Like x 1
  12. goldenlight

    goldenlight Mu-43 All-Pro

    Jan 30, 2010
    Essex
    John
    Why? Unless the picture breaks the principle of common decency, what's your objection?

    Candid/street photography, and photo-journalism would not exist if there was a requirement for consent in all cases. We would not have the rich legacy of the photography of Cartier-Bresson, Doisneau, Lartigue, Bert Hardy or Martin Parr, to name but a few.
     
  13. Just Jim

    Just Jim Mu-43 Top Veteran

    941
    Oct 20, 2011
    "Why" is begging the question. No one needs a reason to say "no" in this case. If one violates anothers privacy with our without intention, it is morally wrong. In certain places it may be legally wrong. Like I said earlier, just ask, and protect yourself and get a signature on a Getty or whatever release you want. I'm guessing we all have spent at least hundreds of dollars, and hours; what's a minute or two and $10us to get a legal form app(or just keep a pad of ready to roll forms in your bag).
     
  14. goldenlight

    goldenlight Mu-43 All-Pro

    Jan 30, 2010
    Essex
    John
    How practical is that?

    Scenario: I'm rushing because I'm late for work. Someone snaps me as I pass but I'm not bothered. However, the tog then rushes after me, waving a release form - now I'm annoyed.

    Scenario: I photograph an interesting character sitting by the window in a bus that has stopped at the lights. I go to board the bus, clutching my release form, but the bus pulls away.

    Scenario: I get a permit to take photographs on the London Underground and take a picture of maybe 30 people coming down the escalator as I go up on the ajacent escalator. How do I get them all to sign?
     
  15. Just Jim

    Just Jim Mu-43 Top Veteran

    941
    Oct 20, 2011
    1)You can not assume what you value as equivalant to what others value. Huge mistake.
    2)Take the risk, be a jerk and publish it anyway even though you don't have the rights to that persons image or likeness. Or take the high road and don't take/publish/use the picture. Then again depending on the country and "resonable" privacy may not be concerned. Although, there is a definite ethical argument for taking the dilligent road. Law and ethics are a balancing act right now. You should especially be worried in the UK with your ridiculous libel laws...
    3)the worlds a big place, do something else. Or in some situations when you get a permit the people around by use of what you're permited to photograph may be allowed to be photographed as per permit.

    Once again, most people just don't care, but the ones that do will fight you tooth and nail. You need to know where you stand.