In the U.S., can I photograph people in public without their consent, and what can I do with the photos?
Asked 8/3/2012
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If I'm photographing in a public place in the United States, is it generally legal to take photos of people without asking first? How does this change depending on the location, such as places where people may or may not have an expectation of privacy? Also, what uses are typically allowed for those photos afterward—for example posting them online, printing them, or selling/publishing them—and do I need a model release for any of those uses?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
14y ago
2 Answers
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This is a legal question and the best answer is to consult with a lawyer. Even in the US, there is the potential that some states laws are slight variants of each other.
The most known source of information on this is Bert P. Krages II who is an attorney and published a pamphlet about the photographers rights which you can obtain here and print yourself.
The gist is that with very few exceptions such as military installations you can photography anyone and anything you see in public where people have no expectations of privacy. Images taken this way belong to you.
What you can do with these photos is quite restricted because the image in the photo belongs to someone else. Because of this you cannot use such images for most commercial purposes, including licensing such images, selling prints of it or making advertisement from them. You can use these images for editorial use. See the above link for what constitutes editorial use.
Originally by user1620. Source · Licensed CC BY-SA 4.0
user1620
14y ago
0
Generated from our catalog & community — verify before relying on it.
Generally in the U.S., you can photograph people in public places where they do not have a reasonable expectation of privacy. Public streets, parks, and similar locations are the usual examples. There are exceptions and location-specific restrictions, so for legal certainty you should consult a lawyer; state laws can vary, and some places (for example certain government or military areas) may have special rules.
The bigger limitation is usually not taking the photo, but how you use it. Community answers agree that commercial use is much more restricted, and a signed model release is typically needed if you want to use a person’s likeness for advertising or similar commercial purposes. Editorial, artistic, or personal use is generally treated differently, but specifics can depend on the situation and jurisdiction.
As a practical matter, you can ask permission after taking the shot, but that does not change whether the photo was legal to make in the first place. Also be aware that even if it is legal, some people may react badly.
For a reliable summary, many photographers refer to attorney Bert P. Krages II’s Photographer’s Rights materials.
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