PEOPLE IN PHOTOGRAPHS

On two occasions, I have been questioned about the legality of having people - who are recognizable - in my photographic images that I publish, print or sell. 

Here are some simple facts:

Can I photograph people in public? Generally, yes.

Photographers can freely photograph everyday situations, people and places, if they aren't breaking any other laws (such as trespassing). This type of photography is referred to as Street Photography though it includes plenty of other public spaces as well as beaches.

Do I need a model release? No.

Simply photographing a person in public view does not require either a model release or expressed consent.

Also, contrary to common belief, we do not need to obtain parental or guardian consent to photograph children on or visible from public property.

For the most part, as long as my shooting position is on public ground, I can photograph any subject. This includes subjects situated on private property but within public view, such as a couple sitting on a restaurant patio who I can see from the street, or a waiter who is taking a smoke break on his employer’s back step.

Even so, I am always respectful and considerate towards my subjects, especially when children are concerned.

If anyone expresses that they’d rather not be photographed, I will move on. I never want to interfere with others’ enjoyment or use of a public area. And I would never intentionally capture or share photos that might lead to embarrassment for anyone.

If someone is concerned, they have the right to approach me and ask what I am photographing.

Am I allowed to display and even sell the images that I have photographed with people in it? Yes.

I can sell prints or digital copies of street photography which may include identifiable people, if they are simply a part of the illustration, image, or art.

And that also includes showing those images on a blog, in print, on social media, and in my portfolio in print or online.

Can I edit people out of an image? Yes, most of the time. Some buyers like people in the photographs and others do not. It is usually an easy edit, and I am happy to do so, if possible. 

More Information... If you have any queries or require further clarification, please contact me here. I'm always happy to help.