Strangers Photographing Both You And Your Dog Whilst Out In Public

[ellz]

If someone is making money off of a photo of me and my dog why shouldn't I get a cut? After all It is my image that is making the money.

It may be your image, but it is the skill of the photographer which is being sold....not you or your dog.

[Jaxx'sBuddy]

there is an argument that we actually don't make the photographer money its what the photographer does with our image that makes them money.

[Jaxx'sBuddy]

If someone is making money off of a photo of me and my dog why shouldn't I get a cut? After all It is my image that is making the money.

It may be your image, but it is the skill of the photographer which is being sold....not you or your dog.

snap ellz i just said the same thing :D

[AmandaJ]

.....

As for having a persons photo available on the net....FACEBOOK.....

there are NO photos of me on facebook and there never will. you cant use that as an argument especially when there is a backlash against facebook after a couple of people were murdered.

Jaxx - it's not intended as an excuse for anything - just an example of how peoples photos are used - intentionally or otherwise on the net. There are sites that you can even upload your own photos to and sell them as advertising/marketing shots.

[Keshwar]

If someone is making money off of a photo of me and my dog why shouldn't I get a cut? After all It is my image that is making the money.

It may be your image, but it is the skill of the photographer which is being sold....not you or your dog.

snap ellz i just said the same thing :D

So they get paid for pushing a button on a camera and I don't get paid for them using my image?

By your logic I guess models don't get paid as it is what the photographer does that is important?

[Jaxx'sBuddy]

.....

As for having a persons photo available on the net....FACEBOOK.....

there are NO photos of me on facebook and there never will. you cant use that as an argument especially when there is a backlash against facebook after a couple of people were murdered.

Jaxx - it's not intended as an excuse for anything - just an example of how peoples photos are used - intentionally or otherwise on the net. There are sites that you can even upload your own photos to and sell them as advertising/marketing shots.

if someone sells or uses their own shots then its not an issue.

we are in this situation because of the net and the easy way people's images can be uploaded.

as a society i dont think we have come to grips with what is going on and it is alleged that some people have lost job opportunities due to photo's on facebook being seen as inappropriate

i think we really do need to grasp this nettle as a society and work out where we want to move with this.

i dont like the direction we are going with the laws that we already have in place but it would be silly of us to ignore them

[Jaxx'sBuddy]

If someone is making money off of a photo of me and my dog why shouldn't I get a cut? After all It is my image that is making the money.

It may be your image, but it is the skill of the photographer which is being sold....not you or your dog.

snap ellz i just said the same thing :D

So they get paid for pushing a button on a camera and I don't get paid for them using my image?

By your logic I guess models don't get paid as it is what the photographer does that is important?

no one is saying you shouldn't get paid but a photographer does much more than push a button, i know i am hopeless at taking good photos :D

so both parties should get paid but in order to get a gig the photo needs to be good and only a good photographer can do that (or someone who is lucky enough to jag a good shot)

[Greytmate]

i just googled in unauthorised taking of photos and this is the first link that i looked at. am happy to be proven wrong if someone finds something else more concrete

http://www.caslon.com.au/photonote1.htm

Yes I found it.

Those concerns have often embodied a misunderstanding of intellectual property and content regulation legislation, with for example recurrent claims that -

it is illegal to take any photograph of a minor without authorisation by a parent/guardian

publishing such photographs on the web is a criminal offence

Australian law comprehensively prohibits 'street photography' (including images of public beaches and crowds in streets or other public places).

:D

:D

[ellz]

If someone is making money off of a photo of me and my dog why shouldn't I get a cut? After all It is my image that is making the money.

It may be your image, but it is the skill of the photographer which is being sold....not you or your dog.

snap ellz i just said the same thing :D

So they get paid for pushing a button on a camera and I don't get paid for them using my image?

By your logic I guess models don't get paid as it is what the photographer does that is important?

Oranges and apples I'm afraid.

A model is EMPLOYED to have photographs taken of them. The PHOTOGRAPHER is still paid to take the photographs.

If the same photographer contacted you and specifically CONTRACTED you and your dog to MODEL, then yes, you'd be paid too but wouldn't necessarily get royalties.

A professional photographer is contracted by a client to take photographs and is paid. The photographer doesn't then pay the client for the photos does he? If the client wants copies from the proofsheet, then THEY pay for copies, but they never get the negatives unless they are purchased and usually only then by special arrangement with the photographer.

It can be very confusing but is actually relatively straight forward once you have had things explained to you properly and have a little bit of an undestanding about copyright law.

[ellz]

i just googled in unauthorised taking of photos and this is the first link that i looked at. am happy to be proven wrong if someone finds something else more concrete

http://www.caslon.com.au/photonote1.htm

Yes I found it.

Those concerns have often embodied a misunderstanding of intellectual property and content regulation legislation, with for example recurrent claims that -

it is illegal to take any photograph of a minor without authorisation by a parent/guardian

publishing such photographs on the web is a criminal offence

Australian law comprehensively prohibits 'street photography' (including images of public beaches and crowds in streets or other public places).

:D

:D

:D And just like the disqualified colours thread, you can google and find whatever you want, whether in context or not. You just need to copy and paste the right bits!

[raz]

So they get paid for pushing a button on a camera and I don't get paid for them using my image?

By your logic I guess models don't get paid as it is what the photographer does that is important?

Well getting back to the OP, if someone takes your photo walking your dog down the street, no you dont get paid for it unless the person with the camera says - hey can I give you 10 bucks to take a photo of you walking your dog down the street. Models are paid for their time and how much money their image will make for the company employing the photographer.

[Remarkabull]

That's why I said 'no reason that I could see'. I'm not a photographer, I'm not artistic and to me personally I would think it strange that someone would take a pic of me doing something so ordinary. I never said that it would automatically make them a 'weirdo', it would just stand out as strange to me and I would wonder why they were doing it.

If they then explained to me what/why they took the photo then I would probably be ok with it.

Sure for sure. I'm not having a go at you, I'm just really curious because when I take photos of people it's to document my own feelings so I take photos of people doing ordinary stuff, like making a cup of tea or looking at a rain cloud or just telling their kid not to drop icecream on their shirt. Just day to day stuff.

Stuff like that wouldn't bother me too much but I would still be wary if I discovered that someone had been taking photos of me without my knowledge or consent, but that has probably got more to do with my lack self confidence - why would someone want a photo of me doing anything?

I would be more upset/suspicious if pics were taken of my kids without prior knowledge.

[helen]

The reason I dont mind being photographed is because I can understand the photographers are not stalking but trying to create something great. If no street photography was allowed so much history would be lost including every day life which would be terrible. Having said that my favorite photo i have ever taken with magic lighting was a group of kids I dont know. Only a few people have seen the photo as i decided i didnt want to publish it without permission. . I dont do that type of photography much and regret not finding the parents and sharing. I know someone who does street photography and will let people know afterwards and sends then the photo. On the flip side on the world wide photo walk some of our group were approached by people desperate to be photographed LOL

[AmandaJ]

Do I need permission from people I photograph?

Copyright Council of Australia

http://www.copyright.org.au/pdf/acc/InfoSheets/G011.pdf

Copyright is granted on this document free for non-commercial use.

Do I need permission from people I photograph?

A person’s image is not protected by copyright. However, in some cases, using a person’s image without permission may be prevented under other laws, such as the law of passing off, the Trade Practices Act 1974 and State and Territory fair trading laws. These areas of law concern conduct which may mislead or deceive the public and may particularly come into play if the photograph you are taking is of a well-known person, and is to be used, for example, as a poster or as a postcard or in advertising. In some cases, uses of photographs may be defamatory of people in them.

If you are commissioned to take photographs, it should not generally be your job to check these issues. However, it may be a good idea to alert clients to the fact that they may need to seek advice from a solicitor with the relevant expertise (note that the Copyright Council does not advise on these other areas of law). Generally, if you have asked somebody to sit for you, you should get a “model release” from that person which will allow you (and others) to use that person’s image for purposes which will generally include commercial uses. (For a sample photographer's model release, with explanatory notes, see the Arts Law Centre of Australia website http://www.artslaw.com.au/).

In other cases, photographers may take more casual shots—for example, photographs of people in the street or at markets, or playing sports. If you know that you might later be using such a photograph commercially, it’s generally a good idea to get a model release from the people you have photographed. If it’s impractical to get the people in your shots to sign model releases, or if they refuse to do so, your ability to use or license the use of the photograph in certain ways might be limited because of the laws discussed above.

Privacy!

It is generally not an invasion of privacy to take another person’s photograph. However, in some circumstances, you may be required to comply with the National Privacy Principles in the Privacy Act 1992 (Cth). For further information on this issue, contact the Office of the Federal Privacy Commissioner or see the website http://www.privacy.gov.au/. The Copyright Council cannot advise on this area of law.

Yes Ellz - it's about where you look and the intepretation

[Staranais]

It may not be illegal to take photos of people & publish them online without permission, but I do think it's rude. I would be unimpressed if I noticed someone photographing my dog or myself, and they hadn't asked permission. I'd find it rather creepy. I'd also wonder if they were interested in (trying) to steal my dog, as she's quite unusual and striking looking.

I think it's different if I'm part of a crowd or something and a photo is being taken of the whole crowd.

ETA: I'd also never dream of taking photos of someone else without asking. When I've been overseas & wanted to take a photo of one or a small group of local people, I've always asked their permission first. I'd feel incredibly rude doing otherwise.

Edited November 12, 2010 by Staranais

[Greytmate]

That is some quality googling AmandaJ.

Thanks :D

[raz]

Stuff like that wouldn't bother me too much but I would still be wary if I discovered that someone had been taking photos of me without my knowledge or consent, but that has probably got more to do with my lack self confidence - why would someone want a photo of me doing anything? I would be more upset/suspicious if pics were taken of my kids without prior knowledge.

Because people are fantastic subjects, especially when the photographer wants to portray emotion. Looks at sports photography as an example - can you get better than the look on an athlete's face as they cross the line to win a gold medal? OK maybe that's a bad example if comparing to everyday stuff but think of a kid looking at a bug or a blade of grass and being totally in the moment. Would that be a bad thing if you saw a beautiful photo of your kid doing that?

[raz]

ETA: I'd also never dream of taking photos of someone else without asking. When I've been overseas & wanted to take a photo of one or a small group of local people, I've always asked their permission first. I'd feel incredibly rude doing otherwise.

I dont. I only ask if they know I'm there with a camera but then the moment is lost. If they notice me after I've taken the photo I'll show it to them and send it to them once i get back home, but most of my photos are of people and they'd never even know I'd taken it.

[AmandaJ]

That is some quality googling AmandaJ.

Thanks :D

:D

[Jaxx'sBuddy]

i was in tiananmen square it was a lovely sunny day and there were a lot of kids flying kites, just a normal day to them.

as i was watching i started to think about the massacre and then the kite flying kids became something else for me

what i started to see was how a dreadful thing and a wonderful thing could happen in exactly the same place.

i'll bet no one else in that square at that time had my take on what was happening. i'll bet the were thinking they were doing ordinary things

and i took photos of the kids and the kites