Rules for photographing people and property

Do you worry about what you can and can’t take photos of while on your daily travels? You can stay safe and avoid legal issues when photographing people and property following these tips:

People

Laws differ from country to country but more often than not it’s illegal to take and sell an image editorially that contains people without their permission as long as the photo was taken in a public place.

Obviously, if you can get model releases for everyone in your shot then that’s great - the photo can be used commercially!

Public property

In general there's no need for permission to shoot in public places. You can take photographs of private buildings or property, as long as you do it from public land. There might be exceptions but usually, the rule is, if you can see it, you can shoot it.

Private property

If you’re taking photographs whilst on private property that’s open to the public (like museums, shopping centres, and the like) make sure you’re following the property owner's own rules on photography. If you’ve paid to get in somewhere, they most likely have a policy against commercial photography.  Look out for signs of their photography policy or ask someone.  If they allow it, get written proof of this in the form of a property release to cover your back!

These are just the basics. For more information on what rights photographers have when shooting in public, there’s a great article on the Digital Camera World website.

Remember, every country has different regulations so make sure you check out your local laws.

Top tip: when you’re selling stock photography, it’s important you annotate, or categorise, your images correctly. Is there recognisable property/people in the shot? Did you get a property/model release to sell the image commercially? It’s fine if you didn’t, it can be sold for editorial uses.  If you want more info on when you might need a release check out this handy releases guide for customers (it will help you as a photographer too!)

Disclaimer, I'm not a lawyer(!) and this advice could change.

Quick definitions…

• Public property – Any property that is not owned by a private individual or a company
  
• Private property – Any property that is owned by an individual or a company
  
• Property release – A legal release form signed by the property or brand owner, giving permission for the photographer to use or sell the photo
• Model release – A legal release form signed by the person or people in a photograph, giving permission for the photographer to use or sell the photo
  
• Commercial use – Commercial use generally means that an image is used to sell a product, promote something or raise money for a cause. 
• Editorial use – Editorial use generally means when an image is used to illustrate a newsworthy article, a critique or an educational text

Photographing People and Foreign Cultures - Travel Photography

By Mark Eden 

As a travel photographer, one of the most interesting and rewarding
subjects to capture is the many different cultures and people the
world has to offer. Photographing people also brings its share of
challenges. This article looks at some of things to consider when
looking capturing a culture in an image.


Photography Outdoors: A Field Guide for Travel and Adventure Photograp



Do your homework

Before starting out, ask yourself this question. Do I know anything
about the people I want to photograph? If the answer is no, or not
really, then do some research. A little homework and you can gain
some helpful insights into how to approach your subject.

For example, some cultures might take offence to having their picture
taken, some will expect to be paid, while others will rush you
begging for you to take their photo. Having some idea of what to
expect gives you an advantage in considering how to approach
people. Research can also give you insight into the culture of the
people. You may discover a piece of clothing native to that part of
the world and look for people wearing that piece of clothing.

These small pieces of knowledge can make the images you come away with
more authentic and real by being able to gain people's trust and
cooperation.

Model releases

If you intend to sell your images, you may need a model release.
This can present some difficulty in language barriers and people
being willing to give their permission for their image to be sold.
It can be daunting to ask a stranger to sign a piece of paper
allowing you to make money from their image.

The best advice I can give is make it easy for them. Have your model releases
easily accessible and make them easy to read and understand. Be patient
and answer any questions they might have. Most importantly, be
honest. Don't hide your reasons for wanting permission. Most times,
if people see you are being upfront with them, they are more likely
to cooperate.

There will however always be times when people will
be unwilling to sign a release, or maybe even unable to sign
because of illiteracy or language barrier. In these cases simply
accept their decision with a smile. Arguing with them will not
change their mind.

Be considerate, give something back

It is important to remember that wherever you are, you are a guest
in someone else's country, and to behave accordingly. To take great
images of people, you need to get them to let their guard down, to
relax and open up to you. You will never achieve this with a grab
and run approach. Slow down. Stop and talk to people. Give
something back rather than making your photography only an act of
taking. This may be as simple as engaging in conversation with
someone before asking to take their photo, or you might carry
around small gifts to give people.

Whatever your approach, you (and for that matter your subjects) will gain
so much more from the procedure.

A little sensitivity can go a long way in photographing other
cultures. It is a practice that will allow you to come away with
more than great images. It will also allow you to gain an
education. Which, at the end of the day, could prove much more
valuable.


ABOUT THE AUTHOR

Mark Eden is a freelance travel photographer and writer, and the
founder and director of Expanse Photography, a photographic
services company offering fine art, limited edition prints as well
as stock and assignment photography and publishing services. Mark
can be contacted through the Expanse Photography website
http://www.expansephotography.com

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