Silver Statue
Posted in Antiques on 04/22/2009 04:25 pm by adminAnyone know what permission necessary to photograph in public?
I know California has special celebrity laws that sheild movie stars, but I was taught that the public domain was just that -- public, like a tree growing under the open sky and that I was not within the letter of the law if it was a fenced off performance. I'm OK with that. But what about those sidewalk performers that paint themselves silver, do a statue pose and they have a sign demanding $5? I've had those performers get right in my face.
FYI if you are in the background of any photo and not a paid performer you are indeed "part of the background" you are indeed in the public domain. That part I know from court precedent.
You can take a picture of anyone in public (or any place viewable from a public place where they would not have an expectation of privacy). Even obnoxious street performers.
It is what you do with the picture where things get a bit dicey. If you publish the image, you might need to get a model release of some sort, depending upon whether people are identifiable, what you are saying about them, etc. But merely taking a photograph of someone in public, where there is no expectation of privacy and no copyright or other restrictive concerns, is not a permissions matter.
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