The Daily Photoist: February 14, 2008

Every weekday morning, bright and early, we feature a photo (or two) from a photographer in the Torontoist Flickr Pool. It's our way of giving the many excellent photographers in our pool the attention that they deserve.

whisper/kiss love/sounds & embrace

BY TAYLOR ZHOU

photoistfeb14_1.jpg
photoistfeb14_2.jpg

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Comments (8) [rss]

Love these photos and the story they tell (or at least the story I imagine they tell). :-)

I've always been curious... do photographers get the people's permission for candid shots like this?

They're in public, so I'd consider them open game. If I was the photographer and I was told I was not welcome to take pictures, I'd stop, though, of course.

True enough.

Follow-up question: don't people notice when (I'm assuming) giant cameras are pointed at them? I would feel very awkward pointing my camera at strangers, even though I always feel like it.

It's legal to take a photo of someone without their permission in a public place, and the photographer retains the copyright. Legal issues come into play depending on the context in which the photo was used—for example, in a defamatory way or to use commercially. Snapping someone's image without permission, while rude, is legal. As for the subway, you're on private property and should theoretically have permission, but all the TTC can really do is tell you to stop (they can't take your film or memory card with shots you've already taken).

The laws are more stringent when photographing moving images. For non-news stories, you generally want to get consent to use a person's likeness, and technically, filming public art (or even buildings) can constitute copyright infringement.

Thanks for the response... very informative!

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