It can be said that Henri Cartier-Bresson (French, 1908 – 2004) was one of the earliest street photographers. He is renowned for seeking the “decisive moment,” and you can see how he succeeded with his “Boy Carrying a Wine Bottle” (Rue Mouffetard, Paris, 1954). Cartier-Bresson said “To me, photography is the simultaneous recognition, in a fraction of a second, of the significance of an event as well as of a precise organization of forms which give that event its proper expression.”
Both with my Canon DSLR and my iPhone, I have sought that decisive moment, trying to capture something special, a story. That night in the bar, however, my photographic intent was much more ordinary.
As a casual or street photographer, the law is on your side.
According to many sources on the web, you have a lot of latitude when it comes to taking photos of people without their permission. Attorney Bert P. Krages II states in The Photographer’s Right – Your Rights and Remedies When Stopped or Confronted for Photography: “The general rule in the United States is that anyone may take photographs of whatever they want when they are in a public place or places where they have permission to take photographs. Absent a specific legal prohibition such as a statute or ordinance, you are legally entitled to take photographs. Examples of places that are traditionally considered public are streets, sidewalks, and public parks.
“Members of the public have a very limited scope of privacy rights when they are in public places. Basically, anyone can be photographed without their consent except when they have secluded themselves in places where they have a reasonable expectation of privacy such as dressing rooms, restrooms, medical facilities, and inside their homes.
“Despite misconceptions to the contrary, the following subjects can almost always be photographed lawfully from public places:
- accident and fire scenes
- bridges and other infrastructure
- residential and commercial buildings
- industrial facilities and public utilities
- transportation facilities (e.g., airports)
- criminal activities and arrests
- Superfund sites
- law enforcement officers”
A given property owner may legally prohibit photography if they choose. Common examples include military installations, museums and hospitals.
I boil it all down to this: you’re generally safe to shoot photos of anyone or anything in public places. You don’t need model releases unless you’re going to use the images commercially (and that gets complicated).* But, in general, don’t be an idiot.
I’m a content creator, and so are you.
In my professional persona, and in the parlance of the marketing world, I am a content creator. I design and build websites, create graphics and manage social media for a living. My fellow professionals are consultants, marketers, bloggers, social media strategists and community managers, and they all, directly or indirectly, create content. Many clients are in this game as well, shooting photos and writing posts for their own blogs as well as their Facebook,Twitter, Instagram, and Pinterest platforms.
Compelling content – primarily photos, videos and text – is what sells these days. Content has been king since the early days of advertising, but the social media platforms available today have voracious appetites; maybe that’s why the word “feed” is so often associated with our modern communication channels.
Marketers – especially those in the social media marketing space – avidly promote telling clients’ stories by writing engaging copy about the lesser-known, more human, side of their brands. We augment posts with “behind-the-scenes” photos and videos. Think about this: would you rather watch a one minute how-to video of a bartender making a martini or look at a still shot of her establishment’s new tables and chairs? The former is clearly more compelling and brand-building.
Whether you’re a professional or not, you can consider yourself a content creator. If you have a smartphone or camera, you’re using it to take selfies and photos of your buddies and family when you’re out on the town, on vacation, or just goofing around. You may be practicing taking shots with new smartphone apps, or you may be in a photography workshop and need fresh photos for assignments. It’s fun, right? Snapchat lenses are a blast, and Instagram and Facebook offer “Stories,” places where we can show people what we’re up to throughout the day.