May 16, 2006

Is it safe to snap strangers?

ST_33_know1_f.jpg Wired offers some advice as to when it's safe (or not) to snap a stranger. [via
Scoopt]

"As long as your subjects don't have a "reasonable expectation of privacy" - meaning they're not somewhere they'd never expect a camera to be - you're on pretty solid ground. Even if you photograph them while they're on private property, you're in the clear - just make sure they're in plain view and you're not trespassing.

However, there are exceptions. As the article notes:

For example, if you happen to catch a couple of underage teens having sex in the park, don't shoot or you'll effectively be a child pornographer. Taking a picture of public art can theoretically violate copyright law, though only the most dim-witted artist would object to the free publicity. And, of course, some parts of military installations and nuclear plants are off-limits, too, for national security reasons.

There are also different laws in different places, so for example in the UK harassment is a crime, while in some parts of the US it's illegal to take photographs that might be used for "gratification".

The biggest dangers, though, are when you publish photographs:

Don't write a caption that misidentifies someone or is unduly mocking - your subject could sue you for placing him in a "false light." Or let's say you've started a blog, and you take a snapshot of someone at a bus stop, then Photoshop it into a banner ad promoting your site. This implies the subject endorses your work, and she could file suit for publicity rights - a cut of the enormous revenues from your vast blog empire. That's unlikely, though. In general, only big celebs with bankable images are rich and self-important enough to hire a lawyer to sue your ass.