What is considered photo proper etiquette

Question

I was wandering around downtown today because I was bored to be completely honest. But while I was walking around I saw this girl just sitting there and I wanted to take her picture but I didn't because I didn't want to get into trouble truth be known. I see pictures all the time that other people have taken of what looks like random strangers and I just wanted to know the proper procedure for doing this kind of thing.

Answer 1

I would say that it depends on the circumstances.  Legally, you CAN take a picture of someone on a public street without their permission.  You technically don't have an expectation of privacy in a public area.  It gets into a little of a gray area though about how you use the photographs.  If it's for  commercial use, you might have to get that person's permission.  It also depends on context I think.  If someone just happens to be in the background of a picture, then you don't need their permission - again because that would be considered fair use and they're in a public square.  But if that person is the main subject of the photograph, then you may have to get their permission.  And of course, what's legal and what's ethical might be two different things.  If you want to take someone's picture as your main subject, using them as a model basically, then out of courtesy it would be best to ask their permission.  Just tell them the truth...that you're interested in photography as a hobby, and you would like to know if it would be okay if you could take their picture.  Offer to email them the picture.  People will react differently.  Some people might actually get a kick out of that and they'll happily go along with it.  (I've had people mug for the camera and jump in my pictures when I was just trying to get landscape photos!)  Others might be uncomfortable with it and get a little suspicious, rude, etc.  But the best tactic is just to be polite and honest.    

But I think it really depends on the circumstances and the context.  If you take a picture from across the street or something, from a distance, then that person is in the public square and they don't have a real expectation of privacy.  It's fair use and you don't have to get their permission.  Just as long as you don't use the picture to slander or humiliate them (posting it on Photobucket and Flicker and making fun of them, etc).  I know you wouldn't do that anyway.  

There actually is a genre of photography called "street photography" where photographers do exactly what you're doing...taking natural, candid pictures of random strangers on public streets.  And it's completely legal.  It's considerered art and free speech.

EDIT:  Yeah, it's kind of a tough call.  On one hand, you don't really want to ruin the moment and you want to get candid, natural pictures of people.  But you also want to be courteous.  I would say that if you can discretely take their pictures without them noticing and without bothering them, then you don't have to worry.  Photographers really do take pictures of random people in the public all the time.  Look up "street photography" on Google and see if maybe you can find some advice.  There is also a really good website called Photo.net, and they have a bunch of different forums where you could ask advice from photographers.

But I would say if you can take the picture discretely without bothering them, you don't have to get their permission.  Especially if it's from a distance.  Or like you said, get a candid, natural picture first, and then ask them if it's okay to use it afterward.  It's up to you.  You'll kind of have to just use your best judgement on the circumstances.  But I can tell you that it is completely legal, so long as it's on a public street and you don't use the pictures to humiliate or slander anyone.

Answer 2

It's polite to ask before you click your cam, you could get in trouble.  

Answer 3

I always ask.  It is the proper thing to do.  I have never been turned down.  

Answer 4

Most people ask.

Answer 5

Never ask. If you ask it ruins the purity, reality, and the truth of the moment.