Photography, the Law and Privacy, Again

Yet again the law governing photography in the USA has been tested, this time landing in favour of the photographer. This was particularly interesting as it was not just a privacy issue but one of religious rights also.

A New York court ruled this week that a photographer who took pictures of subjects on the street without their knowledge and then made hundreds of thousands of dollars selling those images did not have to get the permission of his subjects because the intention of the work was art, not commerce. The ruling reaffirms that people in public spaces cannot assume any privacy privilege, even if, as in this case, the subject was an orthodox jew, who regard portraits as graven images and disgraces the man in his community.

Source: blog.photoblogs.org

As a photographer I enjoy taking pictures of people, scenes seem more alive with people in them, but I do not see it as a “right”. I wasn’t aware of this particular religious belief but I feel like I would prefer to be sensitive to it rather than inflame the issue by selling the photograph (marketability of my photography aside!).

Should we be able to take and sell photographs of people just because it is in the name of art? Does this cross over into rulings around photographing children?

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