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  1. #11

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    ^ You just contradicted yourself. You said you can sell the photos if it was taken in the public realm, provided you can't recognize a face. But then you say the media makes money off of publishing people's photos as part of reportage. All the great street photographers have many prints of theirs for sale, even ones with recognizable faces, because it is considered art. Maybe Germany is different...
    cities & citizens - edmonton street photography (mostly), 100% film

  2. #12
    marciofs's Avatar
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    It is not a contradiction it is a reinforcement. I just didn't make it clear, sorry.

    If a person can recognise themselves, even if you are doing nothing wrong and even if you win in the court, they can sue you, making you spend time, money and tranquillity. But if they recognise themselves even if the face is not showing, it is easier to convince them that they will waist their and your time worrying about.

  3. #13

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    Tell that to Joel Meyerowitz, Henri Cartier-Bresson, John Maloof (who handles Vivan Maier's photographs), Lee Friedlander, etc. then. If it is for artistic or editorial purposes, then you shouldn't need to worry, at least not in North America (or many other countries). What happens in Germany doesn't necessarily happen elsewhere. Even within Germany or other nations fiercely protective of privacy like France, people sell street photos as it is a vital art form and documentation of life. People can technically sue you for all sorts of reasons, whether or not they win is the more important angle.
    cities & citizens - edmonton street photography (mostly), 100% film

  4. #14
    AgX
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    h.v., I like to repeat what I wrote in another thread of yours on that matter:

    You got a misconception of the legal situation in Germany. It is of NO interest wether the photographer earns any money with those photos or not, not even of interest whether the photographer intends to earn money or not. Actually it is of no interest at all what the purpose of publishing is.
    Thus it is even of no interest if you have an artistic intent, because in the end it is not you to decide whether you are making art.

    There are exceptions to this rule, but basically it is not advisable to publish photographs of people on street without a a good evaluation of the situation or a consent. I myself was threatened with a legal case.


    That there are still a lot of such photos around can be explained by people not being bothered or just not knowing about those photos or their legal position. Or they are detered by the costs a legal case may bring up.

    A legal situation not necessarily reflects the attitude of a nation...

    ...but it may give means to those who are bothered.
    Last edited by AgX; 06-03-2013 at 03:34 AM. Click to view previous post history.

  5. #15
    marciofs's Avatar
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    AgX,

    It means that all these images of street photography in Germany are not legal?
    Should I stop doing so?

  6. #16
    AgX
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    Taking photographs is basically legal. Publishing photos against the will of the subject is illegal in most cases.

    But as indicated the legal situation does not necessarily mean that every subject has a problem with publication.

  7. #17
    AgX
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    Taking photographs is basically legal. Publishing photos against the will of the subject is illegal in most cases.

    But as indicated the legal situation does not necessarily mean that every subject has a problem with publication.

  8. #18

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    Quote Originally Posted by AgX View Post
    h.v., I like to repeat what I wrote in another thread of yours on that matter:

    You got a misconception of the legal situation in Germany. It is of NO interest wether the photographer earns any money with those photos or not, not even of interest whether the photographer intends to earn money or not. Actually it is of no interest at all what the purpose of publishing is.
    Thus it is even of no interest if you have an artistic intent, because in the end it is not you to decide whether you are making art.

    There are exceptions to this rule, but basically it is not advisable to publish photographs of people on street without a a good evaluation of the situation or a consent. I myself was threatened with a legal case.


    That there are still a lot of such photos around can be explained by people not being bothered or just not knowing about those photos or their legal position. Or they are detered by the costs a legal case may bring up.

    A legal situation not necessarily reflects the attitude of a nation...

    ...but it may give means to those who are bothered.
    No, I get that. But what I am saying is that this may be the case in Germany, but not in Canada or the US or UK. There is no law against publishing street photos for artistic or editorial purposes -- full stop. If you're in public, there is zero expectation of privacy. This may be different in Germany (with regards to publishing) but not where I am. Even these privacy laws don't prevent street photography from occurring in Germany and you guys are lucky to have such people, because you'd be worse off without them.

    No, there is still a lot of photos out there simply because street photographers aren't doing anything wrong. Of course someone can make a legal case, but that doesn't matter if they do not win. Time and time again, courts err on the side of the photographer. Even in privacy-laden France, there have been court cases that have ruled in favour of the photographer, citing that French society would be worse off without these documents of life. Street photographers can have success even and yet most won't bat an eye. Street photography is a valid form of artistic expression and societal documentation.

    I'm sorry, but if I don't get to decide whether or not I am making art, then nobody gets to decide. What is and isn't art is so subjective and no two people every agree 100% on what is and isn't considered art. There isn't a government regulated handbook on what is considered art and what isn't. So in the end, it is in fact up to the individual, whether or not they consider what they're doing to be art. It shouldn't be of consequence whether or not someone else thinks their work is art or not. If an artist thinks they're making art, then they're making art. That's the only reasonable way to decide if something is objectively art or not.

    News agencies around the world routinely publish snapshots from newsworthy scenes around the world, many times it is clear that consent was not arranged. Yet no legal action happens because it is editorial. Same reason why nobody gets all huffy if they happen to be in The Modern Century. If anything, that would be an honour.
    cities & citizens - edmonton street photography (mostly), 100% film

  9. #19
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    Click image for larger version. 

Name:	15855222-16-jul-2012--street-vendor-selling-tourist-souvenirs-most-vendors-in-venice-aren-t-of-i.jpg 
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ID:	72576 Street photography is captured the real events in photos.

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