Taking Photos Of Strangers in Public Places
Photographing strangers without their consent is a thorny issue. Many photographers feel awkward, shy or embarrassed when they first attempt street photography. Many are worried about people's reaction to being photographed. Many are afraid or uncertain about the laws concerning privacy and photography. Since street photography is candid by definition, these issues can't be avoided.
Let's examine them and find some possible solutions."The practice of observing and photographing people in candid situations is a direct expression of human curiosity. A street photographer recognizes in a split second the visual potential of any number of human interactions, individual expressions, and patterns occurring in a public space and typically attempts to keep a decisive moment undisturbed by not alerting the subject". "Photographing without the subject's knowledge lays at the crux of potential ethical conflicts: without knowledge there cannot be consent. On the other hand, the absence of consent does not imply unethical behavior. Moral codes come into play for all parties involved: the photographer, who is looking to exercise his artistic freedom while safeguarding an individual's dignity; the subject, who might ask for the deletion of his image, realizing he has no say in the creation or distribution of the photograph; and the public, who demands both access to street photography (in form of entertainment, news, or art), and to be shielded from excesses". (source www.forwardthinkingmuseum.com/…
Question and concern Number One about Street Photography usually is: 'Is it taking street photos legal?' What if somebody finds out I uploaded his photo on the net? Should I find myself a good lawyer?
Taking photos of people in public places is legal. Of course laws differ from place to place and you should be aware of the ones in your country. And of course there are different restrictions whether you
take, or
publish, or make a
commercial use of the picture.
But some generalizations are still possible for
western democracies, because the concepts of freedom tend to be similar.
The freedom of artistic expression, hence the right to take photos and have them published, is covered in Constitutions and Charters of Rights as the right to self-expression and the right to enjoyment of property: namely your photo equipment.
Street Photography is a branch of documentary photography with a right to exist, it is a form of artistic expression with a history and a culture. For as much worrisome and incredible this might seem to many people, street photography is considered a form of art.
At the same time the same laws state that 'Everyone is guaranteed a reasonable expectation to privacy'. A statement that appears in many countries' laws and that seems vague enough to keep a team of lawyers gainfully employed for some time
Here is why moral codes, ethics and common sense should come into play, and an estimation should be done between self expression rights, documentary reasons, artistic expression, individual dignity and reasonable expectations of privacy.
I hope the following guidelines will help you getting rid of your guilty feelings while taking street photos.
In general,
TAKING a picture of a person in a public space IS LEGAL and within your rights. What is a public space?
A public space is a social space that is generally open and accessible to people. Roads (including the pavement), public squares, parks and beaches are typically considered public space.
A public place does NOT mean public property. A shopping centre, library, museum, park, is still a public place although it may be private property. Common sense says that intimidating someone by shoving your lens up their nostrils or taking action shots of their every step...could be legally interpreted as assault and could be considered invading people's privacy
.
Though also taking photos from a distance with an ultra zoom lens, shooting from a hidden location, a darkened room or Oswald-esque 4th floor window rises ethical questions. Plus it is not street photography.
Street Photography means to be inside the scene, part of the scene, and still, remain invisible, not affecting the scene.PUBLISHING a picture of a person in a public space IS legal with some restrictions. The most important restriction is that
you shouldn't publish detrimental, degrading, insulting photographs that serve no useful informative or artistic purpose. You can be liable for publishing this kind of photos. Of course what is detrimental, degrading, insulting etc. is quite subjective and there are abysses of grey areas. Though if recognizable. IF RECOGNIZABLE. IF RECOGNIZABLE!
IF RECOGNIZABLE! your subject has the right to ask you to remove your published photo.
In many countries you can publish photos of recognizable (RECOGNIZABLE. RECOGNIZABLE!) children only with the consent of the parents (release form).
A release form for a street photo sounds like a bad joke and in most cases it is out of proportion.
And - honestly - this way our posterity watching our photos will think that the decrease of birth rate in our countries was much more dramatic than it is
.
A healthy halfway between paranoia and common sense should tell you if a release form is needed or not and when a photo is documentary or morbid.
In many countries you need the consent of the subject to commercially exploit images of recognizable people.
NOTE WELL: "Commercial purposes" is defined as advertising, NOT any purpose for money. This means, for example, that a photo of a person taken in the street could be displayed in a gallery and sold as a piece of art without a release. Editorial use which is also allowed without a release is interpreted somewhat broadly. It is NOT for example limited to on the editorial page of a newspaper. An article on street photography in a photo magazine could be done without releases for the photos.
Concern Number Two about Street Photography usually is: 'People will stare at me, sue me, beat me up, break my camera, think I am a terrorist, shoot me and dance on my grave'.
No, most likely people won't even notice you. Most likely they will think you are taking pictures of something else around you. Even if they do notice you, most likely they will pretend not to see you. Sometimes they will look at you as if you were a weirdo (which you are) and they will keep away, but most often they won't mind being photographed. Sometimes they will even feel flattered by it (well, ok, don't think you will get girls' phone numbers this way, though). I never had problems taking photos of strangers. If after taking a photo you look intensely to something else, people will think you were photographing it. If after taking a photo you turn and take another one...the same. If you get spotted and caught, just smile. People will be less likely to break your nose. If somebody complains about having his picture taken, try explaining why you took the photo. If it doesn't work, don't insist and delete the photo. Avoid dangerous situations, trust your instinct and feelings towards people.
So, even if street photography won't get you in trouble with the Law and with People....
Concern Number Three about Street Photography usually is: 'I feel awkward/shy/embarrassed taking photos of strangers. How can I take photos of strangers in the street?
It might take a while to get comfortable and take confidence with taking photos of strangers but there are so many ways to work around, ease and solve this problem.
Here are some tips:
Start with easy situations: touristic places, the center or square of the city, fairs, public gatherings, protestations, concerts, the zoo, an amusement park and so on. Places where everyone has a camera. And instead of taking photos of all the above, take photos of people and their surroundings.
Make yourself invisible: you don't need to become a ninja or to learn a spell, you don't even need to be a Leprechaun or Harry Potter. The best way to be invisible is to hide in plain sight. Inconspicuous clothes, eventually a tourist map or guide, a backpack, whatever can make you look like a tourist in visit to the city.
There are a few things that can help you taking pictures unnoticed:
A small camera. A silent shutter (remove the blipping sounds and the assistance light! Don't use the flash!). A tilted LCD screen (god bless who invented it!). LCDs in general allow you to focus while watching somewhere else and just taking a glimpse in the LCD.
Shoot from the hip. This technique needs a bit (scratch it, a LOT) of practice not to end up with a series of photos of the sidewalk...but a neck strap keeping the camera at your chest level, a hand keeping the camera steady and aligned, a wide aperture, and lots of practice in evaluating where the camera is pointing...will allow you to take pictures without anybody noticing it.
Take your boyfriend/girlfriend/whatever friend with you and make them place themselves around you, or take photos over their shoulder (though I would advice you against this technique for your relationship's sake. Your girlfriend might feel hurt or pissed off). Go with a company and keep chatting while taking photos.
You could keep moving so to remain unnoticed.
Start with a focal lens that makes you feel comfortable, take shots of the things you find easier to capture. And then step by step get closer and more daring.
A few examples of street photos that won't make you feel uneasy?
Take back shots (but with a meaning): Taking photos of the backs of people is the easiest thing. They can't see you. Just...the backs of people usually are not very interesting. So try to be creative and original doing it.
Take photos from above. Again, your subject won't be able to spot you.
Use shadows. Instead of framing the people, frame their shadows on walls or pavement.
Use reflections. This is a clever and creative way to photograph people.
Line up your shot and wait for someone to walk into the frame. If you are ready you can press the shutter without looking in the camera.
You can even take street photos with only a detail of a person or with no actual people in it! A good street photo can be about people even if people are not in the frame.
Remember that a street photograph is not just the portrait of a stranger. A street photograph is something more and different.
Street photography is an eye focused on the ordinary, on the every day life. Its interest is in capturing every day moments and situations that filtered through the sensitivity, vision, personality of the photographer are able to pass emotions and sensations to the viewer.
Moments can be of every kind: ironic, sad, melancholic, surreal, beautiful, wry, tender, poetic, destabilizing, iconic, descriptive. They all show aspects of life. Street photography is about exploring and capturing the interactions between individuals, and between individuals and their surroundings, and also between elements and details in a candid environment!
The details, the interactions, the connections, the emotions, are what make a good street photo.
A few links you might find useful: