Actually, You can take pictures of anyone as long as they are not doing anything private, with or without their consent (even if they say no, and they have no right to stop you from shooting).
I go to a school that has a HUGE photography college, one of the top in the country (I don't do photography though). Almost all of my friends are photo majors of some kind, and I have been on more photo shoots than I should be.
Here's the down low.
Take A Photo * You can't photograph people when they're out of public view and in a private area, such as in a bedroom, changing room, bathroom, doctor's office, etc. People are permitted a "reasonable expectation of privacy."
* You can photograph people who are openly in public view, for example, on the street, on the beach, in a park.
Sell Or Publish A Photo * You'll need a signed model release if the use is commercial, such as FOR an advert or the cover of a product. This includes celebrities, even though they're "public" figures and even if you photographed them in a public place. (Editorial, factual, newsworthy purposes are OK).
* The display of the photo can't be maliciously untrue, or humiliate, ridicule, or reveal embarrassing and personal facts about a non-newsworthy person.
If you're going to photograph or publish photos of people, you should be mindful of the "right to privacy." This refers to a body of common law designed to protect people and includes such delightful terms as "invasion of privacy", "right to publicity," "defamation" and "libel."
You can be sued by someone if they feel your photo damaged them financially or personally.
Basically, if the photograph does NOT include as a significant element a recognizable: person, celebrity, artwork, logo, trademark, cartoon character, professional sporting event, or view from a paid entrance, you have full reasonable use of the photo. Yes, you can use it, publish it and sell it.
I am over it being rude, because I have been out with my friends helping on shoots, taking pictures of random people. When you first start out, you ask for permission, after about a day, you say forget it.
Post Merge: October 14, 2009, 07:57:30 PM
Quote from: glendagladwitch on October 13, 2009, 08:06:02 PM
Depends on what you mean by "using" it. Last I heard (in lawschool) you can take a picture in a public place and you own it. People can't demand you delete it or whatever. You can't trespass and take a picture, and you can't use a zoom lens to take a photo that you could not have taken without the lens while being located in a legal spot.
However, unless the subject of the photo is a public figure, you can't publish it without their permission. If you take a picture of someone committing an illegal act, you can probably get away with publishing that. The public's interest in that case outweighs the individual's right to privacy, and the individual might become a public figure by virtue of notoriety gained in connection with doing the act.
Just to be clear, I am not your lawyer. This is not legal advice.
A bit shorter than my answer.
