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Can someone tell me what the law is regarding taking public pictues with children in. I am wanting to go to a local fair in june to take pictures of the fairground attractions, but a friend suggested i may get into trouble if there are children in the shot and i have not asked perents for permission. This seems strange to me as ive seen many street photos with all sorts in. help anyone please.
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First of all, parents have no legal power either to give or withold consent to their children being photographed. It is very important that is understood.
But if you are specifically photographing children, as opposed to having them in the shot it is probably courteous to ask the parents. Indeed if you are specifically photographing adults it may be better to ask them. These days people can be a bit touchy! This is a matter of courtesy and self-protection rather than law, though.
You can download Photographers' Rights from here.
Hope that helps.
.. and if you ask the parents and they so no, might be best to respect their wishes.
Quote: .. and if you ask the parents and they so no, might be best to respect their wishes.
It would be silly and discourteous not to! What's the point of asking otherwise? As I say, this equally applies to taking photos of adults in any obvious way.
Obviously none of this applies to candid street photography - but you'd better be good at making yourself and your camera 'invisible' !
Oh, and if you stand on the public highway near a school at chucking out time taking photos of kids as they leave you are legally 100% within your rights. But the parents waiting to collect their kids might not see it quite that way!
there are such things as child protection orders. All i'm saying is that sometimes 'your rights' may need to be put aside.
Quote: All i'm saying is that sometimes 'your rights' may need to be put aside.
And I'm not disagreeing at all. But the OP asked about the law.
There are issues of courtesy, propriety and good old self-protection which go beyond purely what is legal and what isn't. This applies equally to the photographing of adults as children. The age of the subject doesn't really come into it.
If you see a great potential shot with a child a crucial part of it, I'd talk to the parents and ask and say you'd be happy to email them a copy. Everyone's then happy unless they refuse, in which case walk away as it's not worth the hassle even if you are within your legal rights.
Quote: If you see a great potential shot with a child a crucial part of it, I'd talk to the parents
In theory that's fine. In practice you may lose the shot by the time you've done all that!
Just wanted to say as well that (IMO) the type of camera you use comes into it. Use a camera phone and you can get away with practically anything; use a FF DSLR with a hefty lens on it and you could be in for a lot of hassle. This is where the new breed of mirrorless interchangeable lens cameras may be a decent compromise between those extremes.
What no-one has addressed is the element in the OP's scenario regarding location.
Photographers have certain rights and concessions when photographing from or on public places. But it is very likely that a fair may be held on private property (even private property to which the public have access for specified purposes under specified or implied conditions). In this case, of course, there are no rights to take photographs without the consent of the landowner.
Worth checking this element before "asserting rights" or even asking parents' permission.
Quote: In this case, of course, there are no rights to take photographs without the consent of the landowner.
You don't actually have to actively seek the consent of the landowner, but you have to obey any 'no photography' signs and to stop taking photos if asked to do so.
Quote: If you see a great potential shot with a child a crucial part of it, I'd talk to the parents and ask and say you'd be happy to email them a copy.
It is easier to ask forgiveness than beg permission ....and i generally follow this rule, if there are objections later i always delete the shot in front of the people offended and move on , as such this satisfies the instinct of being within my rights and also satisfying social courtesies if the need arises, though in the last 2 yrs or so ive only had a couple of instances where there were objections.
Quote: It is easier to ask forgiveness than beg permission
I like that very much!
Quote: if there are objections later i always delete the shot in front of the people offended
But make sure you have taken more than one - then you can ritually delete a shot but still go home with your photo! Lol!
If you delete a shot then the previous shot comes up in the LCD display, doe it not?
So they will ask you to delete that one as well etc etc.
Stop putting a spanner in the works , Jas!!
Have to say I've never deleted a shot at someone elses's request and doubt I ever would.
Just delete the shot then when they have gone switch memory cards and recover the image on a PC when you get home
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