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Mailinglist:wwp@yahoogroups.com
Sender:Keith Martin
Date/Time:2007-Mar-08 08:20:00
Subject:Re: Preparing for Atmoshpere - when or if is a subject release needed?

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wwp@yahoogroups.com: Re: Preparing for Atmoshpere - when or if is a subject release needed? Keith Martin 2007-Mar-08 08:20:00
Sometime around 8/3/07 (at 00:33 +0000) yarwall said:

>I am always concerned - especially when including children - when is a
>release generally "required" even though the panorama is not for
>commercial use?

This will be different in different countries.

In the UK a layman's _summary_ would be that you don't need explicit 
permission or releases as long as the people aren't the main focus of 
the image and you're not causing distress by allowing them in the 
photograph. And technically, even if they are the main focus of the 
photo there's no law that specifically limits you there either, 
although there are issues (such as the legal definition of 
harrassment) that can complicate things.

It is also the case that minors have no more legal rights than 
adults, certainly in terms of photography in public places, although 
the rights they do have are, especially in recent years, taken rather 
more seriously.

I read an interesting UK-specific summary about this just yesterday. 
The writer suggests that photographers concerned with being hassled 
about taking pictures in public places carry the following info 
(rather than a meaningless ID card or vacuous 'assurances of 
restriction of use') to help keep situations under control and keep 
people informed:

--
You are reminded that under UK law there are no restrictions on 
taking photographs in a public place or on photography of 
individuals, whether they are adults or minors. There is no right to 
privacy in a public place, although photographers are of course 
subject to the usual libel laws in the same way as any other citizen 
and should observe them. Equipment or film may not be confiscated, or 
images deleted by any person or officer, unless a warrant for such 
action is issued. Any attempt without a warrant is considered assault 
under UK law.
--

So, tread carefully when children are around. Whether it is 
overreaction or not, people can get very upset. But be prepared to 
stand on your legal rights. Be polite, considerate and sensitive, but 
don't be bullied or intimidated by those trying to rewrite the law or 
ignore it altogether.

I'm considering printing and laminating this summary statement as a 
wallet-sized card to keep in my camera bag. It isn't any hassle to 
make, and it just might save me real hassle in the future!

k

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