The Photo I DIDN'T take

[beady]

Walking through Preston this afternoon I saw what would have been an excellent candid shot. A young man using an ATM machine and his girlfriend, standing behind him, leaning her head against his back. I guess I'll never see a better candid opportunity.

I had my camera with me, it was out, switched on and ready to go, but I lacked the courage to intrude with a photograph. I've never been completely comfortable photographing strangers.

Is it just me or have others missed an opportunity because of cowardice.

Any advice on street candid shots would be greatly appreciated.

[lynnh]

I understand your hesitation. I usually ask - after I have taken the shot... so as not to interrupt the mood. Or, I do the shot without showing faces, which isn't always a good solution.

I take photos for a local paper so I actually have the "fair use" law in my favor. U.S. laws vary from state to state, but the Fair Use is pretty standard. I believe the line is drawn at what is considered public view. And any photos you are selling should have a copyright to protect you. That copyright in turn requires permissions from the subjects in most instances.

I know, sounds muddy. Here are a couple links - but I think both pertain to U.S. which might not help you, but might help someone else!!

http://www.photosecrets.com/tips.law.html

http://www.danheller.com/model-release.html#8.3

Lynn

[lynnh]

One other thing... Most of the time, when I ask permission, I offer a copy of the photo. A simple " Do you mind if I took a photo? I just loved the interaction between you. If you would like, I can send you a copy." and most folks are more than happy to oblige. Sometimes I get someone who is mean about it, but I figure they must be wanted by the law or an exwife. LOL

[ralf]

And any photos you are selling should have a copyright to protect you. That copyright in turn requires permissions from the subjects in most instances.

Every photo you take is automatically copyrighted the instant the camera writes it to the memory card, but registering that copyright with the proper agency (Copyright Office in the US) will serve as proof that you hold the copyright and in many countries allows you to recover greater damages for infringement (in the US, you must register before you can sue and you can recover only actual damages for infringement prior to registration unless registration occurs within a short time [3 months?] of initial publication).

And as the second site you linked to indicates, model releases in the US are only needed in specific circumstances (mostly if the photo was taken in a non-public location or you want to use the photo for advertising), and are in fact only needed by the publisher, not the photographer. The photographer traditionally gets the release because s/he is on the scene at the time while the publisher isn't and would have great difficulty in getting the release.

[lynnh]

Thank you RALF, you put it so much better than I could. I was trying to point out that selling the photo (to a publisher) is the key.
If you are going to sell the photo... ever... then go ahead and get a release. The publisher will expect it.