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  #1  
Old 07-14-2007, 01:15 PM
go2stones go2stones is offline
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Default Posting People's Faces

I had an image with a person's face in it today. I blanked out the face so it couldn't be recognized. Doing that distracts from the image.

I wonder if it is legal to post someone's face without a release.

Even if it were legal, is it good to post someone without their knowledge?

Reid
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  #2  
Old 07-14-2007, 03:13 PM
siolaw siolaw is offline
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Default Re: Posting People's Faces

Hi!
Not every country has laws about this.. it depends where you shoot and also who!
Many faces are posted here... portrait is an art in its own right!
Generally, only people in North America, Europe, Japan or other highly industrialized countries make problem for posting their image...
A recent thread in this forum says that, in France, you have to show people in a defaming way to be liable to prosecution.
Laurent
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  #3  
Old 07-14-2007, 03:36 PM
paulalex32 paulalex32 is offline
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Default Re: Posting People's Faces

Hi Reid,
We have had a similar discussion not too long ago here. It's not just a questions of legality, it is also a question of morals. Do we have the right, legal or otherwise, to take pictures of people we do not know and post them here? Even more difficult is the question of selling such images. I suggest you scroll back in the forums and find one of those rather in-depth discussions. Ultimately, it seemed to boil down to the individual's morals. Cheers, Paul.
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  #4  
Old 07-14-2007, 08:48 PM
kinginexile kinginexile is offline
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Default Re: Posting People's Faces

unless the shot is to be used for a commercial reason, the sole image making an income from its publication, it's legal as I understand it. This is why, for example, press and stock agencies ask for a release, because their business is to make money selling pictures.

The morality of it, I can see some may renege, up to them, but I don't see anything immoral in it. I shoot the world because it's my world, people are my fellow human beings, my tribe if you will, which does not mean i will shoot anyone anyhow anywhere, but it's my personal sense of decency and/or purpose that will guide me, not a law, and not what other people think of it.
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  #5  
Old 07-14-2007, 08:53 PM
linask linask is offline
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Default Re: Posting People's Faces

I think in most countries it's completely legal to take photos of people as long as it's done in public place. It's also OK to post it online as an artwork. But it may not be legal to use such image for advertisement.
However, personally I don't feel right to post photo with clearly recognizable faces of ordinary people on the street. The only exception is participants of public events like carnivals, political demonstrations, festivals. In this case they are on the street with the intension to show themselves to the public. So I have no problem posting a photo like this or this.
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  #6  
Old 07-15-2007, 01:13 AM
go2stones go2stones is offline
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Default Re: Posting People's Faces

Good answers all. I think I will post the faces from now on. Especially from public locations.

Reid
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  #7  
Old 07-15-2007, 04:45 AM
robertosalguero robertosalguero is offline
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Default Re: Posting People's Faces

Regardless of whether is legal or not we need to take into consideration the fact of privacy and respect to other people. How hard is it to ask someone if we can take their picture? Most people don't ask because they don't want to get a no for an answer. On the other hand, if I take a picture of any of you and post it for profit or not, would you like it? Be honest when you answer this question to yourself. Some people say that only people in industrialized nations are afraid of having their picture taken without their consent, as opposed to poorer countries. That is true in many ways but remember that many people in less privileged nations don't understand the implications of anyone taking pictures of them and making a profit later on. Just my two cents.
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  #8  
Old 07-15-2007, 07:46 AM
kinginexile kinginexile is offline
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Default Re: Posting People's Faces

Most people don't ask because they don't want to get a no for an answer.
--------------------

Maybe, I dunno, usually if I get into thinking in those terms, I know i will not take the shot, because the time taken to think and hesitate if or what, the picture is gone. Let's remember that a great many pictures of people stand out as great photography because they were taken unaware. And are some of the most memorable and important pictures of the last 100 years plainly stolen, yes they were, and in abundance. The purpose behind this type of photography, the reporting of a situation thru the eye of a photographer, may over-ride the ethic of privacy.
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  #9  
Old 07-15-2007, 08:39 AM
jinju jinju is offline
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Default Re: Posting People's Faces

The difference between landscape photography and people photography is quite obvious. A landscape will not change if you ask it a question. Hell, you can talk to it for an hour and it wont change. In a situation on the street, the moment is of the essence. Sorry, no time to ask because by the time you get an answer, well, theres the moment. So, stick to landscapes, Roberto, but dont condemn others or about a hundred years of tradition that goes back to Cartier-Bresson or Capa.
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  #10  
Old 07-15-2007, 03:25 PM
CliffW CliffW is offline
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Default Re: Posting People's Faces

I agree with Rafal. It's not the same thing and all things are not equal. If you're shooting a portrait, then of course you'd ask. But that's not street photography (aka photo journalism) is. You're not really shooting "people" exactly, you're shooting situations. Moments. Stop the process to ask a question and the situation's already gone.

Personally, I don't see any difference between street photography and newspaper/journalism photos. The latter may claim it's done for a higher purpose, but it's a self-proclaimed cause and it's generally for profit as well.

I do though often, if I can, snap a candid shot that might have not been noticed... then ask the subject if they mind if I take a photo. I take a second one - but of course if they are open to it, invariably they stop doing whatever interesting thing that caught my attention in the first place. They politely smile, straighten up and pose. I don't like posed shots usually unless it's full blown portrait photography like Manny used to do. But at least then I know if they're the type that would mind having their picture taken. Just as often though, I have to snap without asking. They keep going their way, I keep going mine.
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