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Should You Ask Before Shooting – a Photographer’s Dilemma

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Jennifer is a member of our new Geeks community. She recently started a discussion about this very topic. As a photographer, she feels torn at times about her ‘rights’ to shoot pictures as she wishes, and the rights of those she’s snapping pics of. So, I put this question to people over on FriendFeed, to see what they think, as well.

I never do it without permission. Ever. – l0ckergn0me

I ask.. there are a few exceptions but if someone is the main subject of my shots, I ask. I know I don’t have to, but I do. It just feels like the right thing to do. Maybe I’ll get over it… I realize it seems old-fashioned, but I think it’s somehow connected to the old idea that photographers "take" pictures not "make" them. – Anthony Citrano

Shoot first, ask questions later? – klecu

Definitely not … you need to get people in the moment – Nick O’Neill

My problem is if I see some one I want a picture of I think I ruin the mood of the picture by going up to them and asking. – Colide81

I was out with an acquaintance who; after having his picture snapped smashed the camera "Elvis style" all over the side walk.After a few short tense moments I suggested that he reimburse the man (in exchange for him not calling the police).So, I would ask because while its unlikely some one else would react the way that shaved ape did, you never know… – J. Abdul-Qahhar

very true. – Colide81

The community seems divided on this issue, just like photographers are. What do you think? Should go up and ask a random person their permission to photograph them in all instances, or are there times it’s ok not to?

16 Comments

Chris Pirillo GelaSkins Coupons How Can You be an Awesome Commenter? How Can We Save the Planet from Ecological Destruction? Todays’ Top Five Geeks PostsShould You Ask Before Shooting – a Photographer’s Dilemma

 - Sep 7, 2008  - Chris How Can We Save the Planet from Ecological Destruction?  - Sep 7, 2008  - Chris Todays’ Top Five Geeks Posts  - Sep 7, 2008  - ChrisShould You Ask Before Shooting – a Photographer’s Dilemma - Sep 7, 2008  - Chris

Chris Pirillo GelaSkins Coupons How Can You be an Awesome Commenter? How Can We Save the Planet from Ecological Destruction? Todays’ Top Five Geeks PostsShould You Ask Before Shooting – a Photographer’s Dilemma

I feel ‘caught’ when I don’t ask. But if I’m at an outdoor event, it seems more OK to take before asking. Also, if anyone turns their head to hide, I stop. I won’t take anyone’s picture if they don’t want me to. I’m not the paparazzi. Still, I’m sure I’ve let a lot of pics go by because it didn’t feel right to take it without permission.

As I continue to build my people portfolio, this has been a question on my mind recently as well. I prefer to catch people in the moment. If they notice or I catch their glance, I ask and respect their answer. Sometimes if in the middle of shooting and they notice, I’ll continue and then let them know and/or show them the picture allowing them to request I not keep the picture.

In general, if you are out in public, someone is allowed to photograph you. So, I say it is okay to photograph without asking for permission, however, it is polite and respectful to ask. If you are planning on using the photo in any way that will lead to a profit, asking for permission and getting a model release form is a must.

Most of what makes a great people image is capturing a moment. The moment is certainly lost if one needs to ask permission first. Get an image in the box and then worry about what it can be used for. Newsworthy images and images of people at “public” events do not need permission to be published. Neither do images not being used for profit.

For me it’s the same, I’d take the picture and then ask the person in question if I can use this pictures. Otherwise I’d delete it.

I suppose some of it comes down to courtesy, but that rather defeats the idea of candid or street photography. Don`t know about the States but here in the UK it is perfectly legal to take photographs of anything you like (except for certain “secret” government buildings or installations) from, or on, public land and highways. I used to carry a camera for a previous job and I well remember having a verbal (and almost physical) tussle a few years ago with a military gentleman in charge of some soldiers who had stopped their vehicles to assist at the scene of an accident I had photographed. He wanted to confiscate my film in case I had included any of his men in the pictures but I did point out to him that what I had done was perfectly legal and he would probably be guilty of an offence had he done so. I prevailed but it was a nasty moment, as he was obviously not amused by me asserting my rights! Some folk (including police and other authorities, I might add!) seem to think that people have to give their permission before anyone takes a picture in public which includes them. Not so in the UK. If that was the case, virtually every tourist would be guilty of something!

if they are the focus of the shot then YES. you should ask first.
If they are not. NO, there is no need to ask.

it’s just good manners…

problem is when you want a candid image of someone, you can ask first but then you wont get a candd image. unless you hang around intil they’ve forgotten about what you’re trying to do. so sometimes I guess it’s not possible to ask first…

Asking ruins many candid street scenes. Willingness to communicate–explain, delete, email copy–solved all but one problem. Pepper spray and a hard kick ended that one.

I am currently on strike against my “night job” employer and I see that the newspaper is printing pictures of picketers in the paper. I don’t want people who don’t understand the situation judging me by a photograph (So I only picket like midnight to 4 ha)

Then again if I happened to be at a beach or sitting at a bus stop, everyday activities, I suppose I wouldn’t mind being photographed.

So, maybe it’s best to consider the context of your subject.

Take the candid first then ask for permission to use it where you want to use it along with other details if you don’t get permission respect there wishes otherwise your nothing more than paparazzi.

If someone is out in public they have no reasonable expectation of privacy so, legally, their picture can be taken. However to not be a jerk about I believe it’s usually best to ask for permission or at least be as unobtrusive as possible.

How would you like it if some stranger walked up, stuck a camera in your face, and started snapping off picture after picture. I think it would be safe to say that you wouldn’t like it. I certainly wouldn’t.

So that’s my answer and I’m sticking to it.

Take any picture you want if you are in public, but don’t get off
on private property, that can ruin your day. This has been a
bone of contention for some time to a number of hobby
photographers who over the years basically ignored and in a
lot of cases claimed ignorance of being on private property
while photographing something. But in these uncertain times
of Homeland Security and heighted security of our coountry’s
industrial infrastructure many run afoul of private police or
police departments just doing their job while they’d really
rather be out chasing burglars or other criminals, they get
called to check on suspicious characters in a wide variety of
places.

Our answer to this question is absolutely not !!!!!! Look at all of the trouble it has caused with out permission. We truley believe that no one should have their picture taken without a written permission slip. Plus, we feel that these telephones that have the capability to take photos should be banned ! Is there no privacy in this world?? Look what happen to lady Diana. We think there should be a release to sign in order to take and use a photo. Plus, we feel that all cell phones with the ability to take pictures should be banned. What has happened to this world?? There is absoutley no privacy anymore. Some day, sometime, someone is going to get hurt, severely over this as it has already happened. How many more will it take to wake you up ? You had better think about it now !

As a person who makes there living off of it. I find you should snap the pic first then ask if they are ok with it.

What Do You Think?