Photo releases throughout Europe
Posting street photos on the Internet of people in France requires that people who are shown distinctly sign a release form. What does anyone know about posting photos of people in other countries? How does the production crew of the "Travel with Rick Steves" program handle large crowd shots when it is impossible to get the forms signed?
Randall
Beavercreek, Ohio United States 1/19/13
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This should not be construed as legal advice, but... so long as you are not selling the photographs, there really shouldn't be an issue. In public settings, there is no need for a release form when an individual is not singled out. Otherwise, all photos taken in France would create a legal liability. When you single out a specific individual, then there could be some issues connected with selling the photograph of a specific person, but in order for you to get in trouble... "the offence requires the absence of the person's consent, and such consent is presumed where the recording or the taking of the picture takes place in a meeting and openly and publicly."
If you are in public, then you should be OK so long as you aren't trying to use these images for commercial purposes. "Public places" in this case, seems to include places where express permission is not required: "a place is classified as public if it is accessible to everyone, without specific permission from any person whatsoever, whether access to it is permanent and unconditional or subject to certain conditions." Here's the French Embassy's verbose description: http://www.franceintheus.org/spip.php?article640
A couple of exceptions: Tripods may be prohibited in some areas or may require a permit and if anyone takes offense at having their photograph taken, don't fight them. Apologize, make the situation right (hopefully without deleting the photo), and move on. :)
In Italy as well there is the obligation to request for authorization to post (model release)on the Internet of street photos of ordinary people because in this way the person, who is unknown, would lose the privacy related to his image.
this is the form in English.
http://www.danheller.com/model-release.html
The exceptions are: Picture of a public place or an event in which one or more persons are recognizable, as long as recognized people are not decisive to picture, for example, a picture of a busy street, or pictures where the face is not recognizable.
I believe that these rules are valid in all Europe
I assume you are priviate photographer, not someone planning to sell commercially.
It's a bit complicated as its a mixture of national rules and Europe-wide decisions from ECHR on what constitutes a right to privacy.
Anyway, for Britain you can take pictures in a public place, including of people without their consent. That includes taking pictures of police officers, security guards, and so on. It is different if you are effectively stalking an individual, of course, where that would be harassment.
I'm less sure about the posting on the internet bit - publishing something via the internet is an emerging area for the law, at least in Britain. However, at present it seems it is OK.
Having said that it would clearly be very rude to stand in front of a stranger and photograph them without their agreement and you would be well advised not, for instance, to start taking pictures of children in a playground unless you want to attract some unwelcome attention.
This is always a huge question with professional photographers as well. Some people worry about every possible horrible scenario, and others do what they think is appropriate. In order for a photographer to get 'in trouble' for posting a photo of a random person in the street is... number 1..the person in the photo would have to see it and recognize themselves...number 2...they would have to feel they are being harmed in some way and hire and attorney to pursue damages...number 3...they would have to win a case against you. I am willing to take my chances... they would also probably have to prove they are not a 'celebrity', since none of the rules of having a model release applies to them or we would not be seeing photos of celebrities looking terrible. Imagine this whole scenario taking place with a street person in a third world country of someone who's language you do not even understand. If you are taking photos of street people and they ask you for money, just give it to them (this will often happen in Mexico) so then if they take you to court you can say you've paid them:)) Not legal advice...just common sense.
Life is short. I think I'll leave this off of my List of Things To Worry About.
This brings to mind a related question. I wonder what legalities Rick has to observe when filming street scenes in Europe or in Museums or other historic places? In a large Piazza or other venue with hundreds of people, it would be virtually impossible to get a release signed by every person there.