rules about photos

Linda

Linda

I have received encouragement from a magazine to write an article but they say they need photographs and they must have people on them. Does anyone know whether I am allowed to send for publication photos with other people on them without their permission?

Stan2

Best to ask permission, especially if the photographs show children.

Carol

Just checked with my son who is doing a photography ND. If it were something studio based, then you need a 'model release form' signed. Outside you need to ask their permission. Children -you may even find that a written permission is required.
I had to give a written permission for my son to use photos of his brothers in an end of year exhibition at his college.

Jenny

Would permission still be necessary if the people are in a public place and not easy to identify - e.g. in a crowd or in the background?

Carol

If it's a general place where the photo is centred on something else, and they happen to be around, then probably no. But if they are closer to and clearly identifiable then it would still be advisable to ask.
Consider a battered wife/ husband, who has left and set up a new life safely away from their abusive partner. They could appear in a photo that could lead to that abusive spouse tracking them down. It might seem unlikely but it is a possible scenario.
If the person in the photo suffers harm because they were included in the photo without their permission- you could have trouble. Complaints to you, or an editor who used your photo.
Probably a case of ask if someone will be clearly identifiable.
Also some people hate being in photos.

Jan

All these sentiments of politeness, good manners, etiquette are to be commended. Where it is possible or practicable one may make the effort BUT it is not legally required.

Providing you are standing in a public space anyone is allowed to take photographs of anything and any person. The exception is that you must not photograph a judge dressed in court robes.

This is how "the press" particularly papparazzi are able to produce their "scoop" news. Shoving lenses up noses of bereaved relatives, standing on step-ladders on the pavement to capture people conducting private activities etc., all is done in compliance with the law. It probably wasn't written for these interpretations but many court actions by offended individuals have failed due to wording in the law books.

So just make sure you have your feet on pavement, road, park, beach or any other ground that is owned and maintained by public funds. The rest is at your discretion.

Katy

On a similar theme if it's helpful, the copyright of a photgraph belongs to the person (or studio) who took the photograph, not the subject of the picture. Of course, the photgrapher can sell, assign or licence that copyright so that others can use the picture - that's how photographers make their money I imagine.

Linda

Thank you very much to everyone who has given me their comments. They are very helpful. It is grammar schools that I need pictures of and have been told to include people so it seems like I should try to get permission if possible but don't legally have to as long as I am not in their private grounds. I am better informed than before, thanks again.

Carol

Our primary school sometimes does stuff that has outside input, and there can be local press involved. Our headmaster sent a letter to all parents in 2005. If you didn't want your children included in this type of photo, then you had to contact school and tell them so. If you didn't answer then it was assumed that you had no objection.
Do be aware that if you are taking photos anywhere around the perimeter of any school, without having made them aware of what and why you are doing that, you could find the police turning up.
Many schools have surveillance equipment monitoring entry and exit points, as they have gate locking systems in primary schools. Some senior schools do as well.
If there are any reports of strangers hanging around near the school, the parents receive a note home, and there tends to be police around at the beginning of the day, and at home time.
I know it's a bit over the top, but that is life nowadays.

Jan

Yes Linda,
You have the correct interpretation. Dependant upon detail required, you may gain better quality if, as others suggest, you discussed your requirements with the head teacher. All the best with the project, enjoy.

As for school security, I'm not aware of too much effectively operating in my neck of the country. Some schools have systems but are lackadaisical with its control while others still rely on honesty of the public. Police Attendance? That's a rarity.

Carol

We do live in a city, so that may have some effect.But we see the police once or twice a year by the school.

Crazy Horse

Carol was absolutely right in her earlier comment,you can take and publish photo's of anyone, however they have the right to  sue the publisher for invasion of privacy. Your publisher will almost certainly have a clause in his acceptance passing the responsibility to you. Many years ago when I used to shoot compeitively I wrote reports of compeitions with photo's for a shooting magazine, they insisted I had written permission from the event organisers..

Sylvia

This is from Sal
I work with published photos all the time.
Kids-get parents written permission. Adults-ask their permission.  As others have alread said, general public places OK, so long as you are writing for a general market.  Travel scenes are fine, but check out those abroad.  Also, ask the editors's advice, a great way of sounding professional and keeping you and your work in his mind.

Carol

Good to have a definitive answer we can all follow when needed.