Advise On Candid Shots

if they are out in public you have the right to photograph and sell their image - as art, but not stock unless you have written permission. i wouldn't toss the camera in their face, i think it's rude, obnoxious and is a good way to get a black eye or shot. the street photographer are often very rude and think they can get into your personal space. i find it's better to shoot from across the street, so its really candid. and usually what people will then do is, approach them after the image and get their permission then. but i don't know how that's done. there is a legal issue depending how you use the image. even in fine art, if you use slander, or make them look like an idiot, or call them out, or they get in trouble because they were seen in a place they shouldn't have been, you could get sued by them. you still can, but if the judge sees that the case is a waste of time, they may just toss it.

i try not to take pictures of just one person if they are on the street usually they have to be a part of a scene.

the laws change in each area too.

---Mike Savad

Smile when taking the shot and approach the subject afterwards to let them know what you have just done. Ask first and that spontaneity will have gone.

Maybe show him/her the image and pass out a business card. In theory you don't need to ask permission for photographing people in public space but when getting up-close and personal and invading someone's personal space it's probably the right thing to do. I don't always, I'll admit, but I am also quite open about what I am doing and will always acknowledge the subject afterwards and try to strike up a chat - even in situations where I don't speak the language. What I will also sometimes do is shoot first, then when the subject notices me ask for permission and take another shot. More posed, but maybe also better. If the subject refuses at least you know he or she doesn't want to be photographed and can decide not to use the subject.

I think people don't like being used for something, but don't really mind being part of something as long as they are treated with respect and decency and are not used as some object.

What would you do if you got a really GREAT candid shot on the street, went to ask permission after the fact for use and were told no? Legally you still have every right to use and sell the image as "Art". The subject, would also have the right to sue you, although a good lawyer would not take the case.

Would you delete it after the fact?

If not, why bother asking permission at all? (before or after)

You're probably talking about Humans of New York (http://www.humansofnewyork.com/photographer)

Like you, I feel like I am usurping in their private space when I take a picture of someone without their permission. The fact is that unless you feel comfortable doing it, your subjects will often feel that and won't cooperate as well.

Check out his video at http://www.humansofnewyork.com/about. You may get an idea of how he approaches people.

Good luck

Helpful tip: check that there are no crack dealers anywhere near your subject. I was approached twice now by dealers who I was not aware of until after I took the shot. Once was a wide angle shot of a street scene and the other was a telephoto shot of a pit bull in a leather jacket. Both times resulted in a close-up encounter and a threatening comment.

Thanks Andres. I feel comfortable with this guys approach, up front, positive and fun. The candid shot prior to talking to the subject would be part of chat. I'll try this tomorrow. Thanks Don

Bob: I understand, had a case like that too. Completely innocent, but had someone in my face...Delete yes sir!

What would you do if you got a really GREAT candid shot on the street, went to ask permission after the fact for use and were told no? Legally you still have every right to use and sell the image as "Art". The subject, would also have the right to sue you, although a good lawyer would not take the case.

Would you delete it after the fact?

If not, why bother asking permission at all? (before or after)

You don't have to ask permission but its a good way to gauge how someone feels about having their photo taken. If you are not sure about where you stand on the right to privacy vs the right of an artist to interpret the world as he sees it, then yes, this could be reason for me to delete it - or not use it unless it is really great.

I think both sides of the equation are equally valid and it is up to photographers to find a balance between the two that they feel comfortable with. And respect for your subject, well that's just part of it. But if its a really GREAT candid shot I would use it.

Thanks Mike. Can always depend on your straight forward thoughts.
Don

Don,

Here's what I might do. In the "old" days,I'd say"give me your address and I'll send you a print. I had a very simple "model release" saying basically for granting me the rights to use this image, they would receive "value" (print).

Today, if I did this anymore, I would tell them if they would like, give me an email address and after I get it into the computer, I'll send them a file! (small file). This helps on a few different levels, if they like the shot, you may get hired to shoot the whole family, you get a link to go back and ask for permission later, if the image sells and needs a model release and by sending the file from your "website" also does a little marketing!

Feeling uncomfortable, usually means you feel bad and you feel bad,because you have taken something from these people, but by returning a "gift" later, this whole situation changes.........

Rich

Rich. You got it. I'd much rather give than take. That's how I will approach it. Send a file to them....Thanks Don

If they know you're shooting them (i.e. you ask to take their picture) I think that fails to then be a "candid shot."

Sticking a camera in a stranger's face is just rude.

I believe we all understand the difference between taking a candid shot and sticking a camera in someone's face. Not the same thing. Besides, if you stick a camera in someone's face, they probably know you're taking their picture.

I have not read the thread, but from experience when it comes to "the moment" it is better to ask forgiveness than permission ... then go back and make a picture with them looking at you, or when they see you. This way you have "permission". If you'd like to take it further, you can walk up to them and let them know that you are a professional photographer and ask if they would like to be part of your collection.

A good book to learn more is " Sell and Resell Your Photos" by Rohn Engh. Find it at your library or at this link: photosource.com


Another source might be danheller.com

Another thought, Don, I shoot in churches all the time .... people always look at me and what I'm dong. I just carry on and over time they go back to what they were doing and I get the real money shot I was looking for. Hope this helps.

Thanks Frank

I agree with Joe.

“I believe we all understand the difference between taking a candid shot and sticking a camera in someone's face. Not the same thing. Besides, if you stick a camera in someone's face, they probably know you're taking their picture.”