"No single shot I take is worth ruining someone else's day", what really struck me the most in this video. Thank you Sean for educating everyone! more power to your channel.
Also ... "If somebody asks me to delete that photography, I'll delete it". It's only a photo, you've got the rest of your life to take more, many & varied.
As a lawyer (England & Wales) and photographer, this is an excellent video and helpful. The law can be open to interpretation and changes to that interpretation. But when it comes down to it, and like most things in life, it is a judgment call; and do what is right and fair in the circumstances. I agree entirely with your comments about boundaries and ethical boundaries. Thank you
I am not a lawyer but I would never settle until a court tells me otherwise. I will not make it easy for someone especially if I do not feel that I have done anything which requires payment (street photography)
United States this isn't an issue, now if you're some obnoxious photographer then you might have issues. Also, in the United States, folks are captured at least 10-15 times a day w/o their knowledge on all the other surveillance devices
@M3sterX Agreed. All they can do it kick you out. They cannot confiscate any footage you have taken or restrict how that footage is used. They can bar you from the establishment so there are some courtesy and respect issues you might want to take into account.
@M3sterX Actually, the property owner can set rules of behavior for people in/on their property. If you violate the rules you can be asked to stop or to leave. If you refuse, in most places you would then be criminally trespassing and subject to arrest.
NB This applies to the USA, UK and Germany. Get a lawyer. 7:00 "You can photograph anybody but..." 7:30 "Generally speaking... commercial use is the promotion of a product service or brand." 8:41 Artistic practice defined as derived from an exhibition. It's ok to sell prints and books based on an exhibition, but beyond that, it gets blurry and might be commercial use. 9:27 GDPR - a photo with an identifying marker makes a photo classed as personal data, and thus subject to GDPR. "It shouldn't affect your ability to make pictures." 10:10 GDPR has two exceptions - artistic use, and journalistic use. 11:30 Difference between a consent form and a model form. You really want a contractual model release form, where it's key that the model gets something for something, quid pro quo, to avoid issues in the future. 13:00 Key differences in Germany: It has greater breadth of privacy law than the aformentioned Anglophile countries. 14:15 Key differences in the USA: There's federal and state law. When you deal with confrontation, be nice... 17:38 Ethical considerations. We need to make ethical considerations before we consider the law. 18:09 Sean's boundaries that you shouldn't cookie cut. I won't copy it here, and will just say for me , the commenter, what is truly ethical is the unprecedented, a decision that only you can make. That said, for me, photography should have the potential for convivial conversation with those in the frame.
Superb and highly valuable content as usual. I shall direct people to this every time I get people asking these same old legal questions on my Photographing Strangers video. Congrats on hitting 300K subs too.
I just watched the Photographing Strangers video. I’m a big fan of both of you. You’re both great creators. It’s awesome to see two people/channels that I admire supporting one another!
Adam MacKintosh Photo and if your photography is 100%, then the photos will be amazing, but you might come of as a little unkind. So I think 10% photography is actually quite true because I spend most of my time telling people why I’m taking the photo, this means that I can walk away not feeling uncomfortable about lying to someone about my intensions, or not being clear in what I wanted the photo for.
For film users, who can't delete or show an image: carry a small thin book/zine with some examples of your 'intentions' or; photographs to show if anyone needs to know why you just took their picture. This video was very useful, thank you.
I've thought about this - however, what about the people just getting into street photography? If you've got nothing to show, any ideas for what to do?
A little late, but you can always show them pictures from other street photographers you like, tell them you're trying to get into the hobby and that you want to take pictures like the ones you're showing them.
I've actually considered printing out Cards to deliver to people I shoot with a message saying "Smile, you've just been photographed ! If you would like to see your photo please head to [...]" I think that would help with both the situation and your personal growth to the public. But maybe I'm wrong 😅
I think "to celebrate people" is one of the keys for street photography. it speaks of the beauty you want to capture, respect and making something nice to share. thanks, as always interesting and helpful and above all inspiring.
17:31 "Long before we hit the boundaries of the Law, we need to make ethical decisions for ourselves." Thanks for that point. it sometimes disappoints me how many people I talk with who will dismiss any concerns about what they say or do to other people, as long as they can't be arrested for it. Just because "it's my right!" doesn't mean I ought to do it. pretty basic stuff, I know. but if I had a dollar for every time someone's conflated ethics with legality in defense of being an ass.....
I love photography and street photography but this is the one aspect of photography I hate. They say if you're pictures are not good enough, it's because you're not close enough, well that's where you start to invade people's personal space and conflict arises. It's also a reason I'm drawn to landscape and wildlife photography. You never get a mountain complain about having their picture taken, no need to get a model release from a puffin. I've never understood why some people object to their photo being taken but then again they probably don't understand why anyone would want to take their picture either.
That's a very intelligent and fair comment. I think it is ok to invade certain privacies if you keep it to yourself. The can of worms open when you publish it.
Sounds like the right thing, and I don't doubt you're sincere. But put yourself in the place of your subject: they see someone take a picture of them and disappear. They don't know you won't publish the photo, and even if you tell them, they have no reason to believe it. I also would never publish without permission, but when people signal that they don't want me to photograph them, then I don't. It's called respect. If I would ignore their feelings about it, that would be called selfishness. (And then I'm not even talking about how bad pictures can be when the subject is uncomfortable, or even annoyed.)
An important subject Sean that you have covered thoughtfully. A street subject's mental health is also a factor. We simply don't know the 'story behind the face' we photograph. One in four of us is suffering a mental health issue at any one time. Most people mask it in public and would probably show little sign of upset if photographed. But we still might ruin their day unintentionally (we might make their day too!). It's a difficult one to resolve, though I struggle to justify the 'in your face' approach that some street photographers persist in pursuing.
Great video, Sean! My ethical boundaries as far as what I will and won't shoot are very similar to yours. Earlier this year I made a new friend and we would go out shooting street together. His ethical code was more permissive than mine, and it forced me to think about my own boundaries. This friend would not shy away from photos of homeless and vulnerable people, leering images of attractive women, and occasional "unkind" images of the sort you mentioned. Instead of challenging him about it and trying to force my own standards on him, I simply recognized that I wasn't comfortable with being party to these photographs. I somehow felt that by being present alongside him, I was indicating agreement or acceptance with what was happening, which was not the case. We haven't gone out shooting together since, and he probably doesn't know why, but I'm comfortable with my decision. Like you said, stick to your ethics, and stick to your lane. He's not a bad person, or even a bad photographer, but I learned that we weren't a good match to shoot on the street together.
The best 20+ minutes I’ve watched on street photography and responsibility we have to respect people we photograph. Thank you for sharing this most interesting video.
The laws are very similar in most countries with a free press. People tend to overestimate their rights to privacy, and underestimate the practical realities of life. They don’t realise if people cannot be photographed without permission in public places then news footage of events would be extinguished. Selfies would become rare, shots of family enjoying a roller coaster ride become impossible, the shot of mum blowing out the candles on her birthday cake at a restaurant become non-existent (yes I know its a private business and the business can ask you not to, but I am talking about the people in the background who do not have a say in the matter.) And these private photo situations are relevant because once published on Instagram etc, those photos are subject to the same legalities as professional shots. Without the ability to take photographs of people in public and semi-public places without permission, a very high portion of normal photography would cease to exist and Facebook would have a problem. A street photographer is different only in the intent of their work and that is why laws specifically talk about commercial and artistic purposes, but ultimately everyone is affected by the constraints of the law, and the freedom to take reasonable photos that are not deliberate attempts at surveillance or invasion of legally defined privacy.
Cheers Sean, you have shown us a great piece of video. You can tell you have worked hard on this and kindly had the help of Nick Dunmar from AOP. Great interest and lots to think about. Kind regards and many many thanks. PJ
Just did a night time shoot on Thursday with around 10 members of my Camera club in Glasgow city centre. We weren't shooting people as such, more nightscapes, but there were people in the images. We did not have one adverse comment the entire night, even when shooting in a funfair with kids around. No one questioned us or our motives, most people were interested in what we were doing and when we explained it they were happy. Nearly everyone that walked in front of our cameras accidentally apologised. No doubt we were picked up quickly on the City Centre CCTV, but as we were lugging tripods around, it was clear we were not up to anything nefarious. Closest we came to being 'questioned' was outside Princess Square photographing the entrance when a security guard wandered out, looked at us for a couple of minutes, go bored and wandered off. I generally have no problem explaining what I am doing, but I do resent being told in public that I can't photograph without everyone's permission (which has happened.)
Dominic Smith I am so surprised to read this; I am from just outside Glasgow but now live in London and I was in a group doing a night shoot in soho and I had a few people coming up being a bit funny with cameras around.
@@rachelscott7348 That is a shame. London is more cosmopolitan than Glasgow and with Soho being what it is and it's reputation as a Red Light District (not sure if this is still entirely the case,) it may be a bit more problematic to photograph there. However, as you were part of a group, I think it would be fairly obvious to those not a little drunk, that you were taking the pics for your own benefit. Can you give us some examples of who approached you and what they said? Generally if I am approached in the town centre, I give a brief explanation along the lines of, "just taking some personal photo's," and if that doesn't work, I point out the CCTV cameras that invariably cover the area we are in. I was once stopped by the crew of a TV show that were filming in George Square, Glasgow and 'told' that the Producers didn't want any pics taken by the general public of the filming. I politely pointed out to him all the other members of the public filming the filming with their camera phones and that if they didn't want an pics taken then they should have stayed in the studio and not ventured into a public place. Basically, I wasn't interfering with their production so 'tough pal.'
@@photodom2000 It was right before christmas and I wasn't even photographing people I was trying to shot the lights down one of the lanes just off of Carnaby street and a drunk person kept insisting they didn't want their photo taken despite telling him he wasn't in the shot (he was also behind me), I explained as well it was a photography class. I just left and went to another lane and he left me alone.
@@rachelscott7348 You did the right thing Rachel. Some people just want to make trouble, even more so when they are drunk. In Glasgow you normally get Photo Bombed.
@@photodom2000 that dose not surprise me one bit! I have never taken my camera out in Glasgow but the buildings are so beautiful! with the right light I can imagine you would get some stunning photos!
The most important point made by Sean is that each person must utilize their own ethics in the pursuit of street photography. Once you understand the specific privacy and governmental regulations you are on your own to craft a process that suits your form of expression. There is an implied bias I'm afraid with videos like this one that tend to lean to the light forms/geometric and less intimate forms of street photography. Nick Dunmur is clearly on that side of the fence giving advice that will keep photographers out of trouble. I get that as hes giving quasi legal interpretive advice and the AOP isn't going to stick their necks out. Photographers Tatsuo Suzuki and Bruce Gilden have styles that deliberately seek tension and conflict. They are clearly on the opposite end of the spectrum and have a legitimate right to do what they do. Finding our own voice and style is what is critically important to be able to say what we want to. What is ethical to Donald Trump is repulsive to others. Many of us deplore what he says BUT we are fortunate that our democratic freedom of speech protects those rights. So we are left with the careful balance of the ethical argument and its direct impact to our work. As we struggle with this balance in the pursuit of our voice we need to overcome the fears/intimidation that restrict us from pushing boundaries at the cost of creative work.
Stumbled upon your video and I am impressed by how honest this message was to me. I am a beginner in the art form of photography and I always feel shy to take pictures in public even if I'm not even trying to capture people. Thanks taking the time to explain all this and being to authentic and just in your ethics.
In Sweden we have even better laws. A place is considered a public place when the public has access to it, so shopping malls, stores, and streets are public and not private.
jack Watsonepic same as Australia. Privately owned but the act that deals with photography defines the place as public. So an owner of the private land can ask you to leave the property if they wish but can’t stop you from taking photos or deleting those you have already taken.
I carry a small photo card with basic and considered contact details that I will give to subjects when challenged... I will always engage if my subjects want me too and try to make them realise that they are an important part of my personal photography work... I do not dress all in black, with black tape stuck over my camera, as I am not some sort of street photo ninja... And yes I will always not reproduce an image if my subject doesn't want me too (I can't delete as i use film)... The AOP is the best photo organisation ever...but I would say that as I am a member!
Thanks Sean. I have steered clear of street photography,. mostly because due to my concern that it somehow violates peoples' rights to privacy, legal or not. Your discussion on ethics has opened the door a little for me and perhaps I will give this a go. As always, thanks for sharing, is always exciting to see a notification of a new post from you. Cheers from BC!
14:10 There are actually FOUR levels of law in the United States: Federal, State, County, and Municipality. But generally the county and municipality levels are silent on what applies to street photography and it's relatively rare for those levels to have anything applicable. In the larger metropolitan areas, though, you may run afoul of something. For example, if you're doing a photo shoot in a public park (even if you're not setting up a photo set), you may require a county or city permit. Same may apply if you're hanging around the area to take photographs - whether of people, wildlife, or whatever catches your interest.
If someone hassles you about a permit if you're out there with just a camera they're wrong. If you are doing a video shoot or a portrait shoot with lighting etc you will probably have issues because it looks like a commercial shoot (even if it isn't). If you are in public you have the right to be there.
Probably my favorite production related thing about Sean's videos is the lighting, his face half exposed and the other obscured in shadow. He doesn't use clickbait titles. He isn't inflammatory or imposing. He asks you to think. He is thought provoking.
Long time follower Sean! You really stand out in my mind as the most thoughtful and genuine photo tuber. I've just started my journey sharing my stuff on here and, in my own light hearted childish way, just shared my thoughts on ethics in photography. Thanks for being uniquely you man!
Really useful video, well done. So many videos on UA-cam about street photography but this is the first one I've seen on the ethics of it. A really basic aspect that is totally ignored by all. It's given me great guidance and should be watched by anyone wishing to take a camera out on the streets.
That was incredibly useful - thank you ! Someone confronted me recently, in a very agressive way and I wasn’t prepared to defend myself. After watching this, I feel more confident.
This was excellent. I was looking about a year ago for something like this and couldn’t find anything so thank you for starting this conversation on UA-cam!
Thank you! I live in Germany and rarely shoot there (I prefer to shoot on a holiday being a tourist...) because I am afraid of doing something illegal. I know it is easy to get information about it, but this video cleared a lot of questions I had in mind. I still try to find my way of doing street photography, e.g. I love taking shots of peoples faces but I rarely to never publish them on my Instagram; mainly because I think: If I don't feel well uploading my siblings like that, then am I in the right/ is it ethically correct to upload strangers like that? Just like you said, I try to take "positive" pictures and ones, that are celebrating beauty and art. I would never publish photos I wouldn't publish if the person/motive was me. It's hard but I'm slowly finding my own way of doing street photography and respecting privacy as much as possible and needed. I loved this video so much! Thank you!
A great and extremely helpful video, Sean. It was generous of the chap from the AOP to spend the time explaining. Many people (photographers included) have a huge sense of entitlement these days and it's all too easy to condition ourselves to believing that we can do whatever we want and no-one has the right to challenge or stop us. Knowing where we are in terms of being on public or private property is really interesting. The fact that places are accessible by the public does not mean they are publicly owned. If we're in railways stations, bus stations, airports, shopping centres, there are all privately owned. Yes, the private security people can be over-bearing and officious but they are doing what their bosses require and, ultimately it's their property so it's their rules. Excellent work.
Another informative and well considered video - Thanks Sean! I’ve had a fascination with street photography for a while but only braved taking photos at tourist spots in London, where I feel like people are expecting to see other people with cameras. Clearly quite limiting in terms of creativity and it’s great to know what freedom I actually have.
If there were a Nobel Prize in Photography based on the art and the ethics of the medium, you, Sean, should win one! As always, great information here, along with contagious passion.💚
Wow! Thanks for collecting all this information, Sean. Especially getting Nick Dunmur in front of your camera. Sharing your boundaries was extremely valuable.
You had me about ethics. I’ve had an argument per say with a New York photographer and hes the type of person who shoots people down on their luck, black out drunk, homeless etc. I simply wanted to know why he was shooting them in such a manner as it’s something that I would never shoot as I find it disrespectful unless I was intentionally going to make something out of it to prove a point. instead he felt personally attacked that I even questioned his photography and starts throwing a tantrum at me as if I was challenging him?If you don’t have a reason that’s fine it just means we have different ethical views perhaps but to get angry said a lot to me.
Thank you for breaking down the laws and ethics of street photography! It really helped me clear my mind from the concerns and fears related to street photography that I have been wanting to try.
Superb video Sean. You’re a kind man as well as an excellent artist and educator. The gentleman’s contribution from the AOP was so well presented. I was very impressed by him. Thanks so much. I want to send you guys hugs and stuff 🤗
This is something that’s been on my mind for a while now. It’s great to have someone to give some perspective, even if laws are different from country to country. Thank you!
Very well made video. From yet another continental (European) country, I would summarise as follows. A) Distinguish making/taking a photograph from publication (and distinguish publication from making copies!) B) In making a photograph, in my country "public space" is not identifying you to be allowed to make a photograph, but rather "visible from public space". Where you are as a photographer, does not matter, actually. It helps to be in public space too. The "Thames South bank walkway" example easily falls under that - so it would not be a no-go here. C) Distinguish minors from adults. And this feeds into the next one. D) Publication of a photograph you made of anything visible from public space is only allowed if you can assume not to violate a "reasonable interest". In the video, the term "reasonable expectation of privacy" was used and this is an example of a reasonable interest. And this would also include Sean's ethical considerations of "somebody in a vulnerable situation", "degrading", and "sexualisation" - which is to say our jurisprudence already has Sean's ethics formalised.
Wow. Just Wow! I have seen other streams referencing law and rights of street photography. This is by far the best I have seen so far. Very, very interesting and useful indeed. In regards to the ethical boundaries, if in doubt, leave it out. Great stream. Thank you for posting.
I think this is a really useful video with powerful statements on morals and ethnics. This again supplement our support and appreciation of your works, to release on your 300k subs. Thank YOU, Sean - I think it is really very heartening to always be assured that despite your great works, you have a even greater heart.
Wonderful video, especially your thoughts on photographer ethics. There's one sentence you said which I disagree with: "if they're not breaking the law, you don't really have a right to criticize." 20:15 I know there's lots of overly judgmental people too impulsively eager to point out petty flaws, and also it may not always be worth our own time nor be a healthy prioritization of our energy in every case, but I don't think it's necessarily a waste of time to share your criticism of someone else's methods, if you believe it is ethically harmful. (ruining people's day/month emotionally is form of harm). Personally I would hope somebody would share with me their critical view of something I'm doing, so I may be aware of it and decide if I should change that idea or action to be better. And in a literal sense, I believe it is totally anyone's right to criticize anything they disagree with. Or at least that should be protected as a foundational human right under all governments -- though of course it isn't. Criticism can be annoying, but also I think it is most useful for prompting each other to reconsider things in different ways, hopefully to form improved opinions and beliefs, and find out what we had been wrong about. And criticism doesn't even need to be mean!
Sean: three specific instances that you do not cover (OK you can't cover everything ... ). I have encountered all of these at one time or another in my editorial role (working on books). 1. Photograph INSIDE a commercially published book. One often comes across the term 'editorial use'. I take it that such use would not be regarded as an infringement. This comes up all the time with travel books, for example. 2. Photograph of an individual on the COVER of a commercially published book. Is this still 'editorial', or is it promotion of a commercial product? If the latter, a lot of great photography and travel books published in the past are in trouble - including several I have been involved in during my long publishing career. 3. Photograph inside a book which is published to promote a commercial enterprise - for example, a COMMISSIONED book on the history of a bank, say (I have been involved in several of these). A more general question that you do not cover is whether the image of an individual forms the central theme of an image, or whether he or she is part of a group, or a crowd. This must surely make a difference. As to ethics, I have been struck by the double standards shown by some photographers who see themselves as ethically pure - for them it is ethical to thrust a camera in the face of anyone in an 'exotic' travel destination, often a wrinkled old person, harshly lit, or someone living in picturesquely poor conditions, whereas they wouldn't dream of doing the same thing in a suburb of London or Glasgow or New York. Thanks in advance for your feedback.
simple in NYC, if you are on the street, you are in a public space and its fair game. I remember an old photo taken of a blind man on the street which started the conversation of ethics. did the blind man know he was a subject or was he totally oblivious? it basically came down to even people with sight don't always know they have become a subject in someones photo so there should be no difference between a photo taken of a man who is blind and a man who has sight. if you ask permission, the moment is lost. I stand by that school of thought. things change when someone knows what you are doing. posture, facial expressions, mood, etc. street for me is life unedited. that's where I stand.
In the USA...I have seen some confrontations by fellow photographer friends, and most times the people are just looking for an excuse to yell and argue with you. I have watched my friends try to explain themselves, with no real backing off by the stranger. I truly believe the best way to handle that situation is to.... just say "I'm sorry" and walk away. Most times when I am out shooting, people will either see me and turn away, or wave me off...... Fine, I'm moving on. Anyway, great video on explaining what is a "public space". Lots of people just don't seem to get that. I remember many years ago bicycling in a very large public park and stopping to take photos. Later I stopping to chat with one of the park rangers. Funny, he laughed and told me that he was getting reports that people have been calling the Sheriff about me taking photos in the park. Guess the Sheriff's office was just telling people that it was a public park, and that was allowed.
Thanks Sean, I consider the same rules, when doing event photography. Never photograph people, if they made it clear, that they don’t want their pictures taken.
Excellent video!!! Very good information coming from a very good & well balanced place. It is so important to know the law & to understand the kinds of situations that you may find yourself in. It can be especially difficult in the US when dealing with over zealous private security & angry everyday folks who are ignorant of the law. Avoiding confrontation is always going to be the best way to prevent an unwanted situation.
Like you, I never want to embarrass anyone with an image I've taken. There was one from a dance act at the county fair where the dancers waiting off-stage were clearly being critical of those on stage. The other photographers thought it was a winner - i wouldn't share it anywhere online because those girls might have been embarrassed. Good for you on your ethics!
Nice video Sean. You’re right about what is legal and what is ethical. I myself now stay out of taking shots of homeless people, children, or people in distress. No photo is worth getting myself in trouble literally or consciencesly.
Hi Sean. Great vid subject. My experiences.... I've been shouted at by people who were working for local authorities before when taking photos of scenes across a lake where boating activities were being undertaken.. a voice shouted at me across the water saying " Oiy you stop taking pictures of the kids" in my efforts to defend myself and explain the guy was non receptive to anything I had to say and i just felt awful. I went to speak with his manageress... we had a fairly decent chat about legalities but again she had been brainwashed by her employers that i must be some sort of weirdo. Took me a long while to get over that horrible feeling. Some time later a ParkRun event took place around the same lakes. I decided to brave up and took a bunch of really great images of runners in mid flow... all black and white.. portrait style... a few first class images in the mix. I went to the race director and asked for an email address... and sent him all of the images for the runners. His reply was to thank me for the images but was unable to use them unless I signed up to his organisation as an official volunteer photographer to protect the rights of the runners and a measure of safe guarding and security should anything go wrong in having taken and distributed the images. I just couldn't get my head around that. I never replied.. and the poor runners obviously never got to see their images. I've never done anything with the images since and probably never will out of sheer fear of their attitude. Such a shame... but that's how it is. I love photography.... but I certainly hate the negativity it can create.
Steve - sign up as a ParkRun volunteer and shoot away! As a ParkRunner most people don't mind. Basically the director let's people know there's a photographer on the course beforehand and gives them a signal that'll tell the photographer that they don't want the image published. Hope that helps...I'm planning on doing this at my local ParkRun soon.
@@robspedding9520 thanks Rob.... I'll consider it. It would be useful and I would be grateful if you let me know how that all works out for you. If you did this photography for them as a signed up photographer and for example took a shot of a lifetime.... could you use it on your social media, website etc... or have you signed your rights away.?? Kind Regards.... Steve
It s greatly helpful Sean ! I do street photography too, sometimes I do wonder to myself the issues you discussed. I do start conversation with the subject I want to get more portrait like range before I do, most people are very nice and let me take their photos. But your video is making me thinking about the issues much more clear. Thank you again for posting this video!!
This is the most significant video concerning photography. I've always been perturbed by taking photos of unknown people in the street. This video might also inspire me to see what's the scenario of law in India about taking photos in the street.
I'll try to make this short, but awhile back around the 4th of the July I went out walking with my camera taking pictures of the American Flag that people were flying on the sides of their houses. An off-duty police officer notice what I was doing and followed me around. At the time I didn't really pay much attention to it, but I saw him stop and make a call on his cellphone. A short time later a marked police car approached me and the officer got out of the car. The officer asked me what I was doing as he got a complaint from an off-duty officer and I told him I was taking pictures of the American flag. The officer said that he got a complaint that I was entering people's backyards and that I had taken pictures of a fellow police officer's house. I thought to myself this officer is a big time idiot, but I kept that to myself and simply said "Why would I go into people's backyards when I have this type of lens? Besides I am taking photos of the American flag from a public sidewalk. As for the officer, how would I know what house is his?". Just as I was finishing speaking the officer excuse himself to talk to a man that came walking up and he didn't say who it was, but one didn't need to be a rocket scientist to know who it was. He came back and after taking my personal identification info (which I also didn't particularly like either) started giving some lame excuse about having to protect police officers after 911 - he let go on my way. First, I did nothing wrong taking pictures of the American flag from a public sidewalk and second the police is hired to protect and serve the general public not only his fellow officers. My point is even if you do everything right there is still a chance that some people will think what you're doing is illegal even though it isn't. The odds that it happening are slim, but just keep in the back of your mind that it could.
Friend of mine in Nicaragua had to show the cops what he was photographing twice. One group was fascinated by the photos of mating falcons, but finally said they had to go back to work. Other time was photographing parrots on a park dedicated to The Revolution. And this was after riots in 2018.
The only concern to conceding to someone demanding that an image be deleted is that it just further emboldens them. They will be online and tell people incorrectly that images must be deleted and they will be that much more angry at the next photographer if they stick with their legal right and not delete the image.
Indeed - while the focus of this video being street photography and people does narrow the scope in which the willingness to actually delete photos is present, it still does have that issue that needs to be considered as well (rather than a blanket always)-will-delete) - not a slam on the person who made this video, of course. :D
Well said about GDPR! GDPR is only meant for commercial business and companies collecting data. Not for a private person taking images. The hysteria has to stop. Great video Sean!
Another extremely useful video and one which I’ll definitely refer to and share. It’s just another reason why you’ve hit the 300k subs, ... Always presenting an honest, practical and interesting narrative to help support all levels of photography. Truly ambassadorial to the industry - Congrats and well deserved Mr T ... 😊
Hey Sean and everybody else, allow me to suggest this to you and break down the following in terms of the legal part. In the beginning, it is said that as far as you are on public space you can take an image of everybody. That is not entirely true for Germany. You have to differentiate the different laws that regulate photography. There is copyright law, constitutional law, art copyright law (Kunsturhebergesetz), the GDPR and something, some people tend to ignore, which is called public nuisance law. The example in the beginning also stating that you can take a photo of a building, as long as you are on public ground and don't use instruments such as ladders, to climb over a wall or stand on the ladder and take the image. However, standing on public ground does not give you a freecard to do whatever you like. You can also disturb the public, for example by having your tripod out on a walkway for pedestrians, thus blocking other pedestrians or forcing them to walk on the street. I advice you to check out § 118 OWiG (Ordnungswidrigkeitengesetz). I know it's in German and I hope you have somebody translating or explaining that to you. In terms of copyright law, for example of a building or grafiti, at least in legal terms, you are "breaking" a copyright law, but that break is justified. If you take an image of a building from public ground, § 59 UrhG (Urheberrechtsgesetz = Copyright law) allows you take the photo and publish it. So yes, you can say that you are allowed to take an image of a building from public ground. But keep in mind, that you are still restricted by public nuisance law. It is also correct, that according to art copyright law (not sure if that is the correct term in english, the German word is Kunsturhebergesetz, which is a direct translation), you are not prohibited from TAKING a photo of a person, but from publishing it without that persons consent or any other justification. But here you also have to keep in mind public nuisance law (§ 118 OWiG, as stated above). And it doesn't matter if you publish it for your personal reasons or commercially. The law does not differentiate between private and commercial. As long as you publish a photo of a person without that persons consent or any other justification, you are breaking § 22 KunstUrhG (Kunsturhebergesetz). As far as for the case in Germany that Mr. Dunmur is talking about, it is not clear to me which one he is talking about, however, the most recent one, which went to the highest constitutional court in Germany, the Bundesverfassungsgericht (BVerfG), decided not in favour of the photographer, who took an image of a woman, printed it out on a poster and placed it in Berlin for his exhibition. The relevant law was not GDPR but constitutional law. The decision can be found here: BVerfG, Beschluss der 3. Kammer des Ersten Senats vom 08. Februar 2018 - 1 BvR 2112/15 -, Rn. (1-25). In essence, people need to be careful and understand that there are different types of laws that have a totally different aim and thus a different regulation. If one does not understand what the law states than definitely talk to a lawyer. Legal issues are a pain and can cost tremendously. In that sense, respecting people's privacy is not an ethical question but a legal one. I hope this is helpful and by no means am I trying to offend you, Mr. Dunmur or anyone. I love streetphotography and understand the predicament that exists between streetphotography as an art and people's privacy rights. Disclaimer: this is not legal advice. For those seeking legal advice, go to a real lawyer.
For those seeking a simplified explanation (in German) - of the German situation - by a lawyer - the magazine Schwarzweiss has a (almost) monthly column written by a lawyer about photographers rights and limitations in Germany. I dont know if it is available online but it might be.
@@Festgriff Thanks for the suggestion, I was hoping to find a website or magazin with submissions by a lawyer in regards to the streetphotography situation in a legal perspective :).
So if a photographer may not PUBLISH a photo they've taken of somebody in Germany, how do the press get away with publishing photos of people in German newspapers and magazines?
Thanks for posting this Sean. In addition, a photographers body language goes a long way. I'll actually lower my camera to communicate my intent NOT to take a photo. This happens most often at gatherings where people are extra "happy". Also, for me, a smile and direct eye contact goes a long way with regard to intent. Someone can communicate immediately with me if it's ok for me to proceed with the photo taking.
Your 'ethical choices' mirror my own and it is great to view this content. I've always been disturbed by the sexual objectification of women by male photographers. I've always employed what I call the 'red-faced test' ( meaning embarrassed / flustered or uncomfortable ) If showing the image to the subject makes you feel this way - it doesn't pass the 'red-faced' test. It means as a photographer, that I've deliberately, or inadvertantly, crossed a boundary; and I'm happy to delete. I always ask, with a smile, and a gesture to my camera, if its okay to photograph people. My life has been deeply enriched by being welcomed into cultures; and the BEST part of digital photography is being able to share an image with a total stranger. It anchors my humanity and restores my hope in people. Images where the subject is connected to the camera evokes emotion. Some street photos rely on a cold clinical voyeurism; and then some cross deeper and evoke negativity...and approach exploitation. This is where I feel our profession suffers most. I will openly confront photographers that are ignorant.
I loved the discussion of ethics. I’ve always been so careful with photographing anyone on the streets, I think I just feel uncomfortable with it. But maybe if I establish my ethical ideals beforehand that will help.
As always your videos are amazing. I know that this channel is dedicated to photography, but you are a fantastic videographer. I stumbled upon your videos because I was searching for lighting video. Since, your videos are responsible for me picking up stills. I actually did my first headshots shoot the other day where I photographed 39 performing arts high school students, and I owe that to you. They turned out good, even though I was only shooting Rembrandt with a single speedlight. To my point: As I watch your videos about photography, I am particularly intrigued by the video footage that you interlace within these videos. As time rolls on, the appeal of your video add ins has been increasing video by video. It may be interesting to see a video on how your own evolution of moving pictures has occurred. Cheers bud. I, for one, greatly appreciate all of the effort and care that you put into these videos. I am sure the rest of this community agrees.
As always Sean such a superb video covering such a useful, important and confusing subject. It had the possibility of being such a dry subject but brilliant. Huge thanks to all involved for their time and efforts for our consumption. I will ref this to anyone who asks these questions of me.
Most useful afirmations in my opinion: 6:43 you can photograph anybody if you're in public 8:39 usage of pictures 9:57 whats considered personal data 13:58 German and french law 14:10 USA's law
A very useful information to know about the lawful side of street photography. I also find your ethical approach to this subject and the reason behind it is most admirable!
Thank you for including the point about men being careful about taking photographs of women. A good rule of thumb to follow in all areas of your life would be to not treat women as just objects (to add beauty to your photography). Treat us like human beings who have thoughts and emotions. When you show those things in your photography it will be even better.
It's actually better for female photographers to take pictures of women IMO. The only women men should ever photograph are family members, relatives, girlfriends and wives😎😃😂. Unless you're a professional wedding or portrait photographer.
Sean tucker is one helluva decent human being. Empathy is something all of us aspiring, professional casual street photographers or otherwise should aim for.
"No single shot I take is worth ruining someone else's day", what really struck me the most in this video. Thank you Sean for educating everyone! more power to your channel.
@@rbx22 uneducated neckbeard
Hear hear. Same goes for your own feeling having to discuss. Better to avoid tension.
Also ... "If somebody asks me to delete that photography, I'll delete it". It's only a photo, you've got the rest of your life to take more, many & varied.
This also struck me!! Full respect!
@@williamdavid4823 That awkward moment when you shoot film.
As a lawyer (England & Wales) and photographer, this is an excellent video and helpful. The law can be open to interpretation and changes to that interpretation. But when it comes down to it, and like most things in life, it is a judgment call; and do what is right and fair in the circumstances. I agree entirely with your comments about boundaries and ethical boundaries. Thank you
Thanks James. I appreciate that.
I am not a lawyer but I would never settle until a court tells me otherwise. I will not make it easy for someone especially if I do not feel that I have done anything which requires payment (street photography)
United States this isn't an issue, now if you're some obnoxious photographer then you might have issues. Also, in the United States, folks are captured at least 10-15 times a day w/o their knowledge on all the other surveillance devices
@M3sterX Agreed. All they can do it kick you out. They cannot confiscate any footage you have taken or restrict how that footage is used. They can bar you from the establishment so there are some courtesy and respect issues you might want to take into account.
@M3sterX Actually, the property owner can set rules of behavior for people in/on their property. If you violate the rules you can be asked to stop or to leave. If you refuse, in most places you would then be criminally trespassing and subject to arrest.
NB This applies to the USA, UK and Germany. Get a lawyer.
7:00 "You can photograph anybody but..."
7:30 "Generally speaking... commercial use is the promotion of a product service or brand."
8:41 Artistic practice defined as derived from an exhibition. It's ok to sell prints and books based on an exhibition, but beyond that, it gets blurry and might be commercial use.
9:27 GDPR - a photo with an identifying marker makes a photo classed as personal data, and thus subject to GDPR. "It shouldn't affect your ability to make pictures."
10:10 GDPR has two exceptions - artistic use, and journalistic use.
11:30 Difference between a consent form and a model form. You really want a contractual model release form, where it's key that the model gets something for something, quid pro quo, to avoid issues in the future.
13:00 Key differences in Germany: It has greater breadth of privacy law than the aformentioned Anglophile countries.
14:15 Key differences in the USA: There's federal and state law. When you deal with confrontation, be nice...
17:38 Ethical considerations. We need to make ethical considerations before we consider the law.
18:09 Sean's boundaries that you shouldn't cookie cut. I won't copy it here, and will just say for me , the commenter, what is truly ethical is the unprecedented, a decision that only you can make. That said, for me, photography should have the potential for convivial conversation with those in the frame.
Superb and highly valuable content as usual. I shall direct people to this every time I get people asking these same old legal questions on my Photographing Strangers video. Congrats on hitting 300K subs too.
Cheers mate.
Jamie Windsor the both of you make such great content! Thank you 🙏
I just watched the Photographing Strangers video. I’m a big fan of both of you. You’re both great creators. It’s awesome to see two people/channels that I admire supporting one another!
Wired and Wound we leave that to the French 😩
Having a good ethical base is so important for confidence too. I like to say good photography is 10% photography, 90% philosophy.
Adam MacKintosh Photo and if your photography is 100%, then the photos will be amazing, but you might come of as a little unkind. So I think 10% photography is actually quite true because I spend most of my time telling people why I’m taking the photo, this means that I can walk away not feeling uncomfortable about lying to someone about my intensions, or not being clear in what I wanted the photo for.
No
Wise words mannnn wise words
Photography is 30% photography, 30% ideas and 40% edition
For film users, who can't delete or show an image: carry a small thin book/zine with some examples of your 'intentions' or; photographs to show if anyone needs to know why you just took their picture.
This video was very useful, thank you.
This is a great idea!
I've thought about this - however, what about the people just getting into street photography? If you've got nothing to show, any ideas for what to do?
A little late, but you can always show them pictures from other street photographers you like, tell them you're trying to get into the hobby and that you want to take pictures like the ones you're showing them.
I've actually considered printing out Cards to deliver to people I shoot with a message saying "Smile, you've just been photographed ! If you would like to see your photo please head to [...]"
I think that would help with both the situation and your personal growth to the public. But maybe I'm wrong 😅
I think "to celebrate people" is one of the keys for street photography. it speaks of the beauty you want to capture, respect and making something nice to share. thanks, as always interesting and helpful and above all inspiring.
👏👏👏
17:31 "Long before we hit the boundaries of the Law, we need to make ethical decisions for ourselves."
Thanks for that point. it sometimes disappoints me how many people I talk with who will dismiss any concerns about what they say or do to other people, as long as they can't be arrested for it. Just because "it's my right!" doesn't mean I ought to do it.
pretty basic stuff, I know. but if I had a dollar for every time someone's conflated ethics with legality in defense of being an ass.....
Corporates do this all the time!
Yes I agree!! I asked in a server and someone told me "The ethics will be in the laws" :/ Then someone else directed me to this video :)
I love photography and street photography but this is the one aspect of photography I hate. They say if you're pictures are not good enough, it's because you're not close enough, well that's where you start to invade people's personal space and conflict arises. It's also a reason I'm drawn to landscape and wildlife photography. You never get a mountain complain about having their picture taken, no need to get a model release from a puffin. I've never understood why some people object to their photo being taken but then again they probably don't understand why anyone would want to take their picture either.
For me ethics rarely prevent me from taking the shot but always prevent me from posting it. Great video and food for thought Sean.
Exactly. Snap away, but ethical photographers only post those photos that would not embarrass the person/people in the photo.
That's a very intelligent and fair comment. I think it is ok to invade certain privacies if you keep it to yourself. The can of worms open when you publish it.
Sounds like the right thing, and I don't doubt you're sincere. But put yourself in the place of your subject: they see someone take a picture of them and disappear. They don't know you won't publish the photo, and even if you tell them, they have no reason to believe it.
I also would never publish without permission, but when people signal that they don't want me to photograph them, then I don't. It's called respect. If I would ignore their feelings about it, that would be called selfishness.
(And then I'm not even talking about how bad pictures can be when the subject is uncomfortable, or even annoyed.)
@@stevenvanhulle7242most people are under the delusion that they look best when posing.
Love this, Sean. Especially the talk about ethical boundaries at the end.
An important subject Sean that you have covered thoughtfully. A street subject's mental health is also a factor. We simply don't know the 'story behind the face' we photograph. One in four of us is suffering a mental health issue at any one time. Most people mask it in public and would probably show little sign of upset if photographed. But we still might ruin their day unintentionally (we might make their day too!). It's a difficult one to resolve, though I struggle to justify the 'in your face' approach that some street photographers persist in pursuing.
Great video, Sean! My ethical boundaries as far as what I will and won't shoot are very similar to yours. Earlier this year I made a new friend and we would go out shooting street together. His ethical code was more permissive than mine, and it forced me to think about my own boundaries. This friend would not shy away from photos of homeless and vulnerable people, leering images of attractive women, and occasional "unkind" images of the sort you mentioned. Instead of challenging him about it and trying to force my own standards on him, I simply recognized that I wasn't comfortable with being party to these photographs. I somehow felt that by being present alongside him, I was indicating agreement or acceptance with what was happening, which was not the case. We haven't gone out shooting together since, and he probably doesn't know why, but I'm comfortable with my decision. Like you said, stick to your ethics, and stick to your lane. He's not a bad person, or even a bad photographer, but I learned that we weren't a good match to shoot on the street together.
The best 20+ minutes I’ve watched on street photography and responsibility we have to respect people we photograph. Thank you for sharing this most interesting video.
The laws are very similar in most countries with a free press. People tend to overestimate their rights to privacy, and underestimate the practical realities of life. They don’t realise if people cannot be photographed without permission in public places then news footage of events would be extinguished. Selfies would become rare, shots of family enjoying a roller coaster ride become impossible, the shot of mum blowing out the candles on her birthday cake at a restaurant become non-existent (yes I know its a private business and the business can ask you not to, but I am talking about the people in the background who do not have a say in the matter.) And these private photo situations are relevant because once published on Instagram etc, those photos are subject to the same legalities as professional shots.
Without the ability to take photographs of people in public and semi-public places without permission, a very high portion of normal photography would cease to exist and Facebook would have a problem. A street photographer is different only in the intent of their work and that is why laws specifically talk about commercial and artistic purposes, but ultimately everyone is affected by the constraints of the law, and the freedom to take reasonable photos that are not deliberate attempts at surveillance or invasion of legally defined privacy.
Cheers Sean, you have shown us a great piece of video. You can tell you have worked hard on this and kindly had the help of Nick Dunmar from AOP. Great interest and lots to think about. Kind regards and many many thanks. PJ
I swear every video you make is so interesting and calming in a way. I have learnt so much from watching your videos, keep them coming!
Just did a night time shoot on Thursday with around 10 members of my Camera club in Glasgow city centre. We weren't shooting people as such, more nightscapes, but there were people in the images. We did not have one adverse comment the entire night, even when shooting in a funfair with kids around. No one questioned us or our motives, most people were interested in what we were doing and when we explained it they were happy. Nearly everyone that walked in front of our cameras accidentally apologised. No doubt we were picked up quickly on the City Centre CCTV, but as we were lugging tripods around, it was clear we were not up to anything nefarious. Closest we came to being 'questioned' was outside Princess Square photographing the entrance when a security guard wandered out, looked at us for a couple of minutes, go bored and wandered off. I generally have no problem explaining what I am doing, but I do resent being told in public that I can't photograph without everyone's permission (which has happened.)
Dominic Smith I am so surprised to read this; I am from just outside Glasgow but now live in London and I was in a group doing a night shoot in soho and I had a few people coming up being a bit funny with cameras around.
@@rachelscott7348 That is a shame. London is more cosmopolitan than Glasgow and with Soho being what it is and it's reputation as a Red Light District (not sure if this is still entirely the case,) it may be a bit more problematic to photograph there. However, as you were part of a group, I think it would be fairly obvious to those not a little drunk, that you were taking the pics for your own benefit. Can you give us some examples of who approached you and what they said? Generally if I am approached in the town centre, I give a brief explanation along the lines of, "just taking some personal photo's," and if that doesn't work, I point out the CCTV cameras that invariably cover the area we are in. I was once stopped by the crew of a TV show that were filming in George Square, Glasgow and 'told' that the Producers didn't want any pics taken by the general public of the filming. I politely pointed out to him all the other members of the public filming the filming with their camera phones and that if they didn't want an pics taken then they should have stayed in the studio and not ventured into a public place. Basically, I wasn't interfering with their production so 'tough pal.'
@@photodom2000 It was right before christmas and I wasn't even photographing people I was trying to shot the lights down one of the lanes just off of Carnaby street and a drunk person kept insisting they didn't want their photo taken despite telling him he wasn't in the shot (he was also behind me), I explained as well it was a photography class. I just left and went to another lane and he left me alone.
@@rachelscott7348 You did the right thing Rachel. Some people just want to make trouble, even more so when they are drunk. In Glasgow you normally get Photo Bombed.
@@photodom2000 that dose not surprise me one bit! I have never taken my camera out in Glasgow but the buildings are so beautiful! with the right light I can imagine you would get some stunning photos!
The most important point made by Sean is that each person must utilize their own ethics in the pursuit of street photography. Once you understand the specific privacy and governmental regulations you are on your own to craft a process that suits your form of expression. There is an implied bias I'm afraid with videos like this one that tend to lean to the light forms/geometric and less intimate forms of street photography. Nick Dunmur is clearly on that side of the fence giving advice that will keep photographers out of trouble. I get that as hes giving quasi legal interpretive advice and the AOP isn't going to stick their necks out. Photographers Tatsuo Suzuki and Bruce Gilden have styles that deliberately seek tension and conflict. They are clearly on the opposite end of the spectrum and have a legitimate right to do what they do. Finding our own voice and style is what is critically important to be able to say what we want to. What is ethical to Donald Trump is repulsive to others. Many of us deplore what he says BUT we are fortunate that our democratic freedom of speech protects those rights. So we are left with the careful balance of the ethical argument and its direct impact to our work. As we struggle with this balance in the pursuit of our voice we need to overcome the fears/intimidation that restrict us from pushing boundaries at the cost of creative work.
It was nice meeting you Sean! Thanks for this insightful video 🤙🏻📷
Great meeting you too mate:) Till next time.
Stumbled upon your video and I am impressed by how honest this message was to me. I am a beginner in the art form of photography and I always feel shy to take pictures in public even if I'm not even trying to capture people. Thanks taking the time to explain all this and being to authentic and just in your ethics.
In Sweden we have even better laws. A place is considered a public place when the public has access to it, so shopping malls, stores, and streets are public and not private.
HaasGrotesk this is the same as Australia.
@@Lucy-dk5cz yes but in the UK a lot of shopping malls a privately owned so they get around that way
jack Watsonepic same as Australia. Privately owned but the act that deals with photography defines the place as public. So an owner of the private land can ask you to leave the property if they wish but can’t stop you from taking photos or deleting those you have already taken.
That sounds like common sense I-
I carry a small photo card with basic and considered contact details that I will give to subjects when challenged...
I will always engage if my subjects want me too and try to make them realise that they are an important part of my personal photography work...
I do not dress all in black, with black tape stuck over my camera, as I am not some sort of street photo ninja...
And yes I will always not reproduce an image if my subject doesn't want me too (I can't delete as i use film)...
The AOP is the best photo organisation ever...but I would say that as I am a member!
Thanks Sean. I have steered clear of street photography,. mostly because due to my concern that it somehow violates peoples' rights to privacy, legal or not. Your discussion on ethics has opened the door a little for me and perhaps I will give this a go. As always, thanks for sharing, is always exciting to see a notification of a new post from you. Cheers from BC!
14:10 There are actually FOUR levels of law in the United States: Federal, State, County, and Municipality. But generally the county and municipality levels are silent on what applies to street photography and it's relatively rare for those levels to have anything applicable.
In the larger metropolitan areas, though, you may run afoul of something. For example, if you're doing a photo shoot in a public park (even if you're not setting up a photo set), you may require a county or city permit. Same may apply if you're hanging around the area to take photographs - whether of people, wildlife, or whatever catches your interest.
If someone hassles you about a permit if you're out there with just a camera they're wrong. If you are doing a video shoot or a portrait shoot with lighting etc you will probably have issues because it looks like a commercial shoot (even if it isn't). If you are in public you have the right to be there.
I already said it in other videos, and I say it again now: Sean Tucker channel=High Quality Content.👍
Probably my favorite production related thing about Sean's videos is the lighting, his face half exposed and the other obscured in shadow.
He doesn't use clickbait titles. He isn't inflammatory or imposing. He asks you to think. He is thought provoking.
Just a good, clear, concise video on questions we've all been asked, or asked ourselves. Double thumbs up! Thank you.
High value content. A „must see“ for every street photographer. Thx a lot, Sean 🙏
Sean, you are not only a great photographer, but also a fantastic human being!
Long time follower Sean! You really stand out in my mind as the most thoughtful and genuine photo tuber. I've just started my journey sharing my stuff on here and, in my own light hearted childish way, just shared my thoughts on ethics in photography. Thanks for being uniquely you man!
Really useful video, well done. So many videos on UA-cam about street photography but this is the first one I've seen on the ethics of it. A really basic aspect that is totally ignored by all. It's given me great guidance and should be watched by anyone wishing to take a camera out on the streets.
That was incredibly useful - thank you ! Someone confronted me recently, in a very agressive way and I wasn’t prepared to defend myself. After watching this, I feel more confident.
This was excellent. I was looking about a year ago for something like this and couldn’t find anything so thank you for starting this conversation on UA-cam!
Excellent to know, let your own ethical boundary code be present when walking the street: great advice. Thank you, Sean.
Thank you! I live in Germany and rarely shoot there (I prefer to shoot on a holiday being a tourist...) because I am afraid of doing something illegal. I know it is easy to get information about it, but this video cleared a lot of questions I had in mind. I still try to find my way of doing street photography, e.g. I love taking shots of peoples faces but I rarely to never publish them on my Instagram; mainly because I think: If I don't feel well uploading my siblings like that, then am I in the right/ is it ethically correct to upload strangers like that? Just like you said, I try to take "positive" pictures and ones, that are celebrating beauty and art. I would never publish photos I wouldn't publish if the person/motive was me. It's hard but I'm slowly finding my own way of doing street photography and respecting privacy as much as possible and needed.
I loved this video so much! Thank you!
A great and extremely helpful video, Sean. It was generous of the chap from the AOP to spend the time explaining. Many people (photographers included) have a huge sense of entitlement these days and it's all too easy to condition ourselves to believing that we can do whatever we want and no-one has the right to challenge or stop us. Knowing where we are in terms of being on public or private property is really interesting. The fact that places are accessible by the public does not mean they are publicly owned. If we're in railways stations, bus stations, airports, shopping centres, there are all privately owned. Yes, the private security people can be over-bearing and officious but they are doing what their bosses require and, ultimately it's their property so it's their rules. Excellent work.
Another informative and well considered video - Thanks Sean! I’ve had a fascination with street photography for a while but only braved taking photos at tourist spots in London, where I feel like people are expecting to see other people with cameras. Clearly quite limiting in terms of creativity and it’s great to know what freedom I actually have.
If there were a Nobel Prize in Photography based on the art and the ethics of the medium, you, Sean, should win one! As always, great information here, along with contagious passion.💚
Wow! Thanks for collecting all this information, Sean. Especially getting Nick Dunmur in front of your camera. Sharing your boundaries was extremely valuable.
You had me about ethics.
I’ve had an argument per say with a New York photographer and hes the type of person who shoots people down on their luck, black out drunk, homeless etc.
I simply wanted to know why he was shooting them in such a manner as it’s something that I would never shoot as I find it disrespectful unless I was intentionally going to make something out of it to prove a point. instead he felt personally attacked that I even questioned his photography and starts throwing a tantrum at me as if I was challenging him?If you don’t have a reason that’s fine it just means we have different ethical views perhaps but to get angry said a lot to me.
Great work, thank you. Being honest about why a pic is taken and being kind are two excellent reminders. 🙂✌️
This is fantastically executed. Thank you for a balanced view and informative without being blasé about the fine line/moral compass of it
Thanks Sean for an excellent video, thoroughly agree with your ethics. And thanks to Nick for outlining our rights as photographers in the UK.
Thank you for breaking down the laws and ethics of street photography! It really helped me clear my mind from the concerns and fears related to street photography that I have been wanting to try.
Superb video Sean. You’re a kind man as well as an excellent artist and educator. The gentleman’s contribution from the AOP was so well presented. I was very impressed by him. Thanks so much. I want to send you guys hugs and stuff 🤗
This is something that’s been on my mind for a while now. It’s great to have someone to give some perspective, even if laws are different from country to country. Thank you!
Very well made video. From yet another continental (European) country, I would summarise as follows. A) Distinguish making/taking a photograph from publication (and distinguish publication from making copies!) B) In making a photograph, in my country "public space" is not identifying you to be allowed to make a photograph, but rather "visible from public space". Where you are as a photographer, does not matter, actually. It helps to be in public space too. The "Thames South bank walkway" example easily falls under that - so it would not be a no-go here. C) Distinguish minors from adults. And this feeds into the next one. D) Publication of a photograph you made of anything visible from public space is only allowed if you can assume not to violate a "reasonable interest". In the video, the term "reasonable expectation of privacy" was used and this is an example of a reasonable interest. And this would also include Sean's ethical considerations of "somebody in a vulnerable situation", "degrading", and "sexualisation" - which is to say our jurisprudence already has Sean's ethics formalised.
Excellent topic Sean! Thank you and the AOP for the time you put into this.
I live in Spain and I find this video so helpful! Specially the part about de GDPR. Thanks for producing and sharing it.
Wow. Just Wow! I have seen other streams referencing law and rights of street photography. This is by far the best I have seen so far. Very, very interesting and useful indeed. In regards to the ethical boundaries, if in doubt, leave it out. Great stream. Thank you for posting.
I think this is a really useful video with powerful statements on morals and ethnics. This again supplement our support and appreciation of your works, to release on your 300k subs. Thank YOU, Sean - I think it is really very heartening to always be assured that despite your great works, you have a even greater heart.
Wonderful video, especially your thoughts on photographer ethics.
There's one sentence you said which I disagree with: "if they're not breaking the law, you don't really have a right to criticize." 20:15
I know there's lots of overly judgmental people too impulsively eager to point out petty flaws, and also it may not always be worth our own time nor be a healthy prioritization of our energy in every case, but I don't think it's necessarily a waste of time to share your criticism of someone else's methods, if you believe it is ethically harmful. (ruining people's day/month emotionally is form of harm).
Personally I would hope somebody would share with me their critical view of something I'm doing, so I may be aware of it and decide if I should change that idea or action to be better.
And in a literal sense, I believe it is totally anyone's right to criticize anything they disagree with. Or at least that should be protected as a foundational human right under all governments -- though of course it isn't.
Criticism can be annoying, but also I think it is most useful for prompting each other to reconsider things in different ways, hopefully to form improved opinions and beliefs, and find out what we had been wrong about.
And criticism doesn't even need to be mean!
A really informative video about the legality of street photography. Your ethical stance also struck a chord with me. Thank You
Well said. The ethical boundaries is something all photographers could use a lesson on.
Sean: three specific instances that you do not cover (OK you can't cover everything ... ). I have encountered all of these at one time or another in my editorial role (working on books).
1. Photograph INSIDE a commercially published book. One often comes across the term 'editorial use'. I take it that such use would not be regarded as an infringement. This comes up all the time with travel books, for example.
2. Photograph of an individual on the COVER of a commercially published book. Is this still 'editorial', or is it promotion of a commercial product? If the latter, a lot of great photography and travel books published in the past are in trouble - including several I have been involved in during my long publishing career.
3. Photograph inside a book which is published to promote a commercial enterprise - for example, a COMMISSIONED book on the history of a bank, say (I have been involved in several of these).
A more general question that you do not cover is whether the image of an individual forms the central theme of an image, or whether he or she is part of a group, or a crowd. This must surely make a difference.
As to ethics, I have been struck by the double standards shown by some photographers who see themselves as ethically pure - for them it is ethical to thrust a camera in the face of anyone in an 'exotic' travel destination, often a wrinkled old person, harshly lit, or someone living in picturesquely poor conditions, whereas they wouldn't dream of doing the same thing in a suburb of London or Glasgow or New York.
Thanks in advance for your feedback.
simple in NYC, if you are on the street, you are in a public space and its fair game. I remember an old photo taken of a blind man on the street which started the conversation of ethics. did the blind man know he was a subject or was he totally oblivious? it basically came down to even people with sight don't always know they have become a subject in someones photo so there should be no difference between a photo taken of a man who is blind and a man who has sight. if you ask permission, the moment is lost. I stand by that school of thought. things change when someone knows what you are doing. posture, facial expressions, mood, etc. street for me is life unedited. that's where I stand.
In the USA...I have seen some confrontations by fellow photographer friends, and most times the people are just looking for an excuse to yell and argue with you. I have watched my friends try to explain themselves, with no real backing off by the stranger. I truly believe the best way to handle that situation is to.... just say "I'm sorry" and walk away. Most times when I am out shooting, people will either see me and turn away, or wave me off...... Fine, I'm moving on. Anyway, great video on explaining what is a "public space". Lots of people just don't seem to get that. I remember many years ago bicycling in a very large public park and stopping to take photos. Later I stopping to chat with one of the park rangers. Funny, he laughed and told me that he was getting reports that people have been calling the Sheriff about me taking photos in the park. Guess the Sheriff's office was just telling people that it was a public park, and that was allowed.
Thanks Sean, I consider the same rules, when doing event photography. Never photograph people, if they made it clear, that they don’t want their pictures taken.
Fantastic. I love these videos. Your ethical boundaries, described at the end of this one, were very insightful. Thank you.
Excellent video!!! Very good information coming from a very good & well balanced place. It is so important to know the law & to understand the kinds of situations that you may find yourself in. It can be especially difficult in the US when dealing with over zealous private security & angry everyday folks who are ignorant of the law. Avoiding confrontation is always going to be the best way to prevent an unwanted situation.
Like you, I never want to embarrass anyone with an image I've taken. There was one from a dance act at the county fair where the dancers waiting off-stage were clearly being critical of those on stage. The other photographers thought it was a winner - i wouldn't share it anywhere online because those girls might have been embarrassed. Good for you on your ethics!
Nice video Sean. You’re right about what is legal and what is ethical. I myself now stay out of taking shots of homeless people, children, or people in distress. No photo is worth getting myself in trouble literally or consciencesly.
Thank you Sean and AOP for this!
Hi Sean. Great vid subject. My experiences.... I've been shouted at by people who were working for local authorities before when taking photos of scenes across a lake where boating activities were being undertaken.. a voice shouted at me across the water saying " Oiy you stop taking pictures of the kids" in my efforts to defend myself and explain the guy was non receptive to anything I had to say and i just felt awful. I went to speak with his manageress... we had a fairly decent chat about legalities but again she had been brainwashed by her employers that i must be some sort of weirdo. Took me a long while to get over that horrible feeling. Some time later a ParkRun event took place around the same lakes. I decided to brave up and took a bunch of really great images of runners in mid flow... all black and white.. portrait style... a few first class images in the mix. I went to the race director and asked for an email address... and sent him all of the images for the runners. His reply was to thank me for the images but was unable to use them unless I signed up to his organisation as an official volunteer photographer to protect the rights of the runners and a measure of safe guarding and security should anything go wrong in having taken and distributed the images. I just couldn't get my head around that. I never replied.. and the poor runners obviously never got to see their images. I've never done anything with the images since and probably never will out of sheer fear of their attitude. Such a shame... but that's how it is. I love photography.... but I certainly hate the negativity it can create.
Steve - sign up as a ParkRun volunteer and shoot away! As a ParkRunner most people don't mind. Basically the director let's people know there's a photographer on the course beforehand and gives them a signal that'll tell the photographer that they don't want the image published. Hope that helps...I'm planning on doing this at my local ParkRun soon.
@@robspedding9520 thanks Rob.... I'll consider it. It would be useful and I would be grateful if you let me know how that all works out for you. If you did this photography for them as a signed up photographer and for example took a shot of a lifetime.... could you use it on your social media, website etc... or have you signed your rights away.?? Kind Regards.... Steve
Great video Sean. Its refreshing to see a great photographer with the humility to bring in expert opinion alongside their own on topics like this.
It s greatly helpful Sean ! I do street photography too, sometimes I do wonder to myself the issues you discussed. I do start conversation with the subject I want to get more portrait like range before I do, most people are very nice and let me take their photos. But your video is making me thinking about the issues much more clear. Thank you again for posting this video!!
This is the most significant video concerning photography. I've always been perturbed by taking photos of unknown people in the street. This video might also inspire me to see what's the scenario of law in India about taking photos in the street.
I'll try to make this short, but awhile back around the 4th of the July I went out walking with my camera taking pictures of the American Flag that people were flying on the sides of their houses. An off-duty police officer notice what I was doing and followed me around. At the time I didn't really pay much attention to it, but I saw him stop and make a call on his cellphone. A short time later a marked police car approached me and the officer got out of the car. The officer asked me what I was doing as he got a complaint from an off-duty officer and I told him I was taking pictures of the American flag. The officer said that he got a complaint that I was entering people's backyards and that I had taken pictures of a fellow police officer's house. I thought to myself this officer is a big time idiot, but I kept that to myself and simply said "Why would I go into people's backyards when I have this type of lens? Besides I am taking photos of the American flag from a public sidewalk. As for the officer, how would I know what house is his?". Just as I was finishing speaking the officer excuse himself to talk to a man that came walking up and he didn't say who it was, but one didn't need to be a rocket scientist to know who it was. He came back and after taking my personal identification info (which I also didn't particularly like either) started giving some lame excuse about having to protect police officers after 911 - he let go on my way.
First, I did nothing wrong taking pictures of the American flag from a public sidewalk and second the police is hired to protect and serve the general public not only his fellow officers. My point is even if you do everything right there is still a chance that some people will think what you're doing is illegal even though it isn't. The odds that it happening are slim, but just keep in the back of your mind that it could.
Friend of mine in Nicaragua had to show the cops what he was photographing twice. One group was fascinated by the photos of mating falcons, but finally said they had to go back to work. Other time was photographing parrots on a park dedicated to The Revolution. And this was after riots in 2018.
Very illustrative video about legal advices and ethical behavior principles. Very, very useful!
The only concern to conceding to someone demanding that an image be deleted is that it just further emboldens them. They will be online and tell people incorrectly that images must be deleted and they will be that much more angry at the next photographer if they stick with their legal right and not delete the image.
Indeed - while the focus of this video being street photography and people does narrow the scope in which the willingness to actually delete photos is present, it still does have that issue that needs to be considered as well (rather than a blanket always)-will-delete) - not a slam on the person who made this video, of course. :D
Wonderful as always, my friend.
Thanks Hugh:)
I love your videos. You teach the skills plus an additional layer of heartfelt conversation on the man/woman behind the craft. Thank you.
Well done, Sean! I admire your putting ethical considerations before the legal ones. I couldn't agree with you more. Thanks for your integrity!
Well said about GDPR! GDPR is only meant for commercial business and companies collecting data. Not for a private person taking images. The hysteria has to stop. Great video Sean!
Another extremely useful video and one which I’ll definitely refer to and share. It’s just another reason why you’ve hit the 300k subs, ... Always presenting an honest, practical and interesting narrative to help support all levels of photography. Truly ambassadorial to the industry - Congrats and well deserved Mr T ... 😊
Hey Sean and everybody else, allow me to suggest this to you and break down the following in terms of the legal part. In the beginning, it is said that as far as you are on public space you can take an image of everybody. That is not entirely true for Germany. You have to differentiate the different laws that regulate photography. There is copyright law, constitutional law, art copyright law (Kunsturhebergesetz), the GDPR and something, some people tend to ignore, which is called public nuisance law.
The example in the beginning also stating that you can take a photo of a building, as long as you are on public ground and don't use instruments such as ladders, to climb over a wall or stand on the ladder and take the image. However, standing on public ground does not give you a freecard to do whatever you like. You can also disturb the public, for example by having your tripod out on a walkway for pedestrians, thus blocking other pedestrians or forcing them to walk on the street. I advice you to check out § 118 OWiG (Ordnungswidrigkeitengesetz). I know it's in German and I hope you have somebody translating or explaining that to you.
In terms of copyright law, for example of a building or grafiti, at least in legal terms, you are "breaking" a copyright law, but that break is justified. If you take an image of a building from public ground, § 59 UrhG (Urheberrechtsgesetz = Copyright law) allows you take the photo and publish it. So yes, you can say that you are allowed to take an image of a building from public ground. But keep in mind, that you are still restricted by public nuisance law.
It is also correct, that according to art copyright law (not sure if that is the correct term in english, the German word is Kunsturhebergesetz, which is a direct translation), you are not prohibited from TAKING a photo of a person, but from publishing it without that persons consent or any other justification. But here you also have to keep in mind public nuisance law (§ 118 OWiG, as stated above). And it doesn't matter if you publish it for your personal reasons or commercially. The law does not differentiate between private and commercial. As long as you publish a photo of a person without that persons consent or any other justification, you are breaking § 22 KunstUrhG (Kunsturhebergesetz).
As far as for the case in Germany that Mr. Dunmur is talking about, it is not clear to me which one he is talking about, however, the most recent one, which went to the highest constitutional court in Germany, the Bundesverfassungsgericht (BVerfG), decided not in favour of the photographer, who took an image of a woman, printed it out on a poster and placed it in Berlin for his exhibition. The relevant law was not GDPR but constitutional law. The decision can be found here: BVerfG, Beschluss der 3. Kammer des Ersten Senats vom 08. Februar 2018 - 1 BvR 2112/15 -, Rn. (1-25).
In essence, people need to be careful and understand that there are different types of laws that have a totally different aim and thus a different regulation. If one does not understand what the law states than definitely talk to a lawyer. Legal issues are a pain and can cost tremendously. In that sense, respecting people's privacy is not an ethical question but a legal one.
I hope this is helpful and by no means am I trying to offend you, Mr. Dunmur or anyone. I love streetphotography and understand the predicament that exists between streetphotography as an art and people's privacy rights.
Disclaimer: this is not legal advice. For those seeking legal advice, go to a real lawyer.
For those seeking a simplified explanation (in German) - of the German situation - by a lawyer - the magazine Schwarzweiss has a (almost) monthly column written by a lawyer about photographers rights and limitations in Germany. I dont know if it is available online but it might be.
@@Festgriff Thanks for the suggestion, I was hoping to find a website or magazin with submissions by a lawyer in regards to the streetphotography situation in a legal perspective :).
Lol yea, go talk to a real lawyer
So if a photographer may not PUBLISH a photo they've taken of somebody in Germany, how do the press get away with publishing photos of people in German newspapers and magazines?
Excellent video - a brilliant addition to the discourse on this subject, bravo.
Solid advice , thank you Sean and to your guest speaker.
Really appreciate the work put into this video, Sean. Great information and perspective.
Thanks for posting this Sean. In addition, a photographers body language goes a long way. I'll actually lower my camera to communicate my intent NOT to take a photo. This happens most often at gatherings where people are extra "happy". Also, for me, a smile and direct eye contact goes a long way with regard to intent. Someone can communicate immediately with me if it's ok for me to proceed with the photo taking.
Thank you for helping us be more aware of our rights and shining more as the creator ❤
Awesome video. Super helpful. Really love your street shots too
A very insightful video exploring both the legal and the ethical side of street photography
Superb film Sean - clear, simple, to the point. This is the best I have seen on this subject yet.
Thanks Neale. I appreciate that:)
Your 'ethical choices' mirror my own and it is great to view this content. I've always been disturbed by the sexual objectification of women by male photographers. I've always employed what I call the 'red-faced test' ( meaning embarrassed / flustered or uncomfortable ) If showing the image to the subject makes you feel this way - it doesn't pass the 'red-faced' test. It means as a photographer, that I've deliberately, or inadvertantly, crossed a boundary; and I'm happy to delete. I always ask, with a smile, and a gesture to my camera, if its okay to photograph people. My life has been deeply enriched by being welcomed into cultures; and the BEST part of digital photography is being able to share an image with a total stranger. It anchors my humanity and restores my hope in people. Images where the subject is connected to the camera evokes emotion. Some street photos rely on a cold clinical voyeurism; and then some cross deeper and evoke negativity...and approach exploitation. This is where I feel our profession suffers most. I will openly confront photographers that are ignorant.
Loved this one. Everything so well placed and well said .
So helpful and informative, thank you very much Sean for taking the time and trouble to put this thought provoking and philosophical video together.
I loved the discussion of ethics. I’ve always been so careful with photographing anyone on the streets, I think I just feel uncomfortable with it. But maybe if I establish my ethical ideals beforehand that will help.
As always your videos are amazing. I know that this channel is dedicated to photography, but you are a fantastic videographer. I stumbled upon your videos because I was searching for lighting video. Since, your videos are responsible for me picking up stills. I actually did my first headshots shoot the other day where I photographed 39 performing arts high school students, and I owe that to you. They turned out good, even though I was only shooting Rembrandt with a single speedlight. To my point: As I watch your videos about photography, I am particularly intrigued by the video footage that you interlace within these videos. As time rolls on, the appeal of your video add ins has been increasing video by video. It may be interesting to see a video on how your own evolution of moving pictures has occurred. Cheers bud. I, for one, greatly appreciate all of the effort and care that you put into these videos. I am sure the rest of this community agrees.
I appreciate that.
As always Sean such a superb video covering such a useful, important and confusing subject. It had the possibility of being such a dry subject but brilliant. Huge thanks to all involved for their time and efforts for our consumption. I will ref this to anyone who asks these questions of me.
Most useful afirmations in my opinion:
6:43 you can photograph anybody if you're in public
8:39 usage of pictures
9:57 whats considered personal data
13:58 German and french law
14:10 USA's law
A very useful information to know about the lawful side of street photography. I also find your ethical approach to this subject and the reason behind it is most admirable!
Thank you Sean, that was very valuable and corresponds 100% from the legal and moral sides to what I know and practice.
Best video I've seen all year
God bless you brother👍🏾
Dropping some serious knowledge and much needed for many of us. Thanks for another great video Sean!
Nicely stated. We all need to think clearly about our ethical approach to this somewhat difficult field of of our art.
Thank you for including the point about men being careful about taking photographs of women. A good rule of thumb to follow in all areas of your life would be to not treat women as just objects (to add beauty to your photography). Treat us like human beings who have thoughts and emotions. When you show those things in your photography it will be even better.
It's actually better for female photographers to take pictures of women IMO. The only women men should ever photograph are family members, relatives, girlfriends and wives😎😃😂. Unless you're a professional wedding or portrait photographer.
Another extremely useful, helpful, informative and thought provoking video. Thanks Sean
Sean tucker is one helluva decent human being. Empathy is something all of us aspiring, professional casual street photographers or otherwise should aim for.
Easily the best most comprehensive video on this topic I've watched so far. Thank you