No, not that kind of privacy—-though we definitely won’t share your personal information with third parties without your opt-in consent.
I’ve been accosted so many times while photographing that I’ve finally felt it necessary to create this page, to have a place to which to refer inquiries, along with my business card.
I’m a photographer, not a lawyer, so what follows on this page is my informed-layman’s understanding of privacy / publicity law. If you want a lawyer’s take, I can recommend Bert Krages. He specializes in privacy and intellectual-property law, and has written widely on these subjects. Search on his name and you’ll find all the information you might want on his website.
To put it simply, if you are out in public, you have no expectation of privacy. You, your children (regardless of age), or your property can be photographed at any time, with or without your consent. The resulting photographs can be published in any form, without your permission, and without compensation. Most people don’t realize this, and it comes as something of a shock to read it. But it’s true. (How do you think the government gets away with all those surveillance and traffic cameras; or paparazzi, with embarrassing celebrity photos?)
Obviously, there are some limits to what I can do while photographing. I can’t trespass or impede your free movement in order to photograph you or your property. I also can’t photograph you when you reasonably do have an expectation of privacy—-such as standing inside your home undressing, while I’m perched outside your window like some vile peeping Tom. (“Reasonable” is, of course, subject to post-hoc interpretation by a court.) Further, it’s not always obvious what “public” means. Property owners have the right to restrict photography on their premises. But, for example, is the local municipal ballpark considered public or private property while it’s being used by a private sports league to play its games?
There are some restrictions on my use of the images. I cannot use photographs of you to portray you in a false light. I can’t photograph you, let’s say, as you walk in front of a bordello, and publish the images in a way that falsely implies you’re a patron rather than a pedestrian. Additionally, I can’t use your image to imply your endorsement of a product or a cause—-such as in an ad for condoms or cornflakes. For such commercial use, I’d need your written permission in the form of a release, which delineates the terms of that use, and your compensation for it. But most other uses are fair game.
Furthermore, you certainly have no right to demand I desist. Nor may you demand my film, nor impede my activity—-that’s harrassment. If you place a hand on me, you’ve committed battery and are subject to arrest.
I have no wish to bother anyone while I photograph. Neither, though, do I wish to be bothered while engaging in a harmless and perfectly legal pursuit.
I hope you find this information useful, and I wish you well.