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this post was submitted on 17 Dec 2023
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Spot on answer and really well articulated.
I think a lot of folk assume privacy, similar to the French model, but in the UK that really doesn't exist.
One of the clearest examples is how the press operates. Doorstepping politicians and celebrities. They wouldn't be able to do that if they required permission from the individual.
What's the French model?
There's a few French models, from what I've heard
In France the subject of the photograph owns the copyright of the picture.
Wow. So what happens there if you take a picture in a crowded area?
Legally, the default is that you need to ask permission of all subjects to shoot the photo. And again for each publication of that image.
In practice this is relaxed for public shots and street photography where the intent is not to make someone the subject of the photograph (people walking by in the background of a shot) or when "treating people with respect" (so yeah, no predatory homeless shots, or getting up in people's faces). That said, this is for personal use and publishing them means you still might need to seek permission or risk being prosecuted later.
Finally there is a caveat that is "the right for information" which is how the paparazzi are able to photograph celebrities and the like. Under the heading of journalism.
Even so, you can only use those photographs in context. So, say you catch a shot Madonna flouting the law, you can't later use that same photograph to illustrate an article of her being nice to cats. Furthermore they can also claim you are intruding on their private life. Which might still get you into trouble.
That's really clear. I appreciate you taking the time to fill me in so thank you!
You're more than welcome. It's a fascinating subject area. Especially given the history of street photography and its roots in France.
It surely is fascinating. I like the nuance tbh, especially the subject owning copyright part.