When to ask to take that photo...

Some call it “candid photography,” while others refer to it as “street” or “guerilla” photography. Either way, it is the capturing of real life, often spontaneous, non-staged photos out on the streets or in other public places like museums, malls (what few are left), parks, sporting events, and the like. It is great fun. It is challenging too. They often provide the most interesting photos. And, it is not without controversy among photographers, their subjects, and the viewing public as many of our cities are rejuvenating and we travel abroad more.

One of those dilemmas is whether or not to ask permission of your subject and whether to pose or not before you snap the shutter. As usual, there are two ways to look at this. Sometimes, there just isn’t time to walk up and ask your subject for permission. You see the shot and to catch the essence of what is happening, an expression or even light, you need to shoot now. It could be a couple kissing at the bus stop, a man napping on a park bench, a duck swooping down to crash a couple’s picnic. These are truly candid moments.

On the other hand, when you find an interesting person in a spectacular location (color, light, what they are doing, etc.), it may be advantageous to approach them, smile, tell them what you are doing and ask if it would be okay to take their photo. Ninety percent of the time, they’ll be flattered and say yes. Of course, some folks are more private and may say no. To this you still thank them graciously and move on. If you make a shot and they challenge you, be up front, show them the shot on your camera’s preview. If they object to it, do them and you a favor and delete the image from your camera in front of them as you apologize.

Too often, there just isn’t a correct answer. You have to use your best judgment. If a fantastic shot is there for the taking, you may want to operate under the old saw, “it’s easier to ask forgiveness than it is to get permission,” originally said by Rear Admiral Grace Murray Hopper.

Keep in mind where you are when taking photos. If you are in a public place (defined as a place open to the public – yes, that includes restaurants, bars, coffee shops and so on – almost any photo is game. But, if in a private place, such as a private club, some concert or theatrical venues, or inside some places of business – those will require prior permission, and then some restrictions may apply, like where you can go to take your picture, if you can use flash, and how many shots you can take.

There’s one more thing. If you are like me, and other photographers, you may want to publish or sell your photos. There is a distinction between selling and publishing. I publish many photos on social media (first always respecting the privacy of most subjects) and on my website. But, I have also published in print magazines, newspapers, and news/views websites. And, if you sell any stock photography, in addition to getting the model’s/subject’s permission, you’ll need a photo release giving you permission to reproduce and sell the image of which they are a part. Also, there are three types of releases: a model release (for adults), minor releases (for children under 18), and property releases. You can find examples of these at many online sites – just Google photo release.

The exception is if it is a news photo. An example would be a shot of a fireman carrying someone out of a burning building. A great action shot with people in it. If published in a news media context, then you would not need model releases.

Today, getting a release if pretty easy with apps for smartphones that let you collect the pertinent info, get the model’s signature, and generate a release with all the proper and required legal terms. You have the model sign, a witness sign, and you sign. Then the app generates a PDF of the release you can email to the model and yourself. Don’t be fooled; this takes a lot out of the spontaneity of the shot. But if you get a blockbuster image, do the right thing and approach the subject, show them the image from your camera’s back, and ask if they would sign a release. That’s not only the right thing to do, but the legal thing as well – if you plan to ever sell that image.

Of course, acquiring a copyright of that image through the Copyright Office will also require a signed release. So do your due diligence.

If you haven’t done much street photography, ease into it. Day or night, whether it is people or buildings, old cars, or cityscapes, you’ll find plenty of interesting subjects worthy of your camera’s attention. Sometimes it is necessary to be inconspicuous. At other times, be upfront and approach and even pose your subject. You’ll find you will walk away with images of genuinely interesting people and places that many folks would never have the pleasure of observing. This is your chance to share your photographic finds with them.

One last thing to chew on: If you really appreciate a photo of someone you shot on the street, get their email (or give them yours) and send them one of the images for their own.

Above photo taken in the Delmar Loop, St. Louis, MO. This was an "ask" photo of Bo, a worker at one of the nearby establishments. He was taking a break when I approached him.

#streetphotography #whentoaskornot #photoreleasesforstreetphotos #openairstudio