Mark German

Good helpful work, and ideas to think about.. get back to you on that.
I started feeling very self-conscious at first, but am gradually beginning to relax..hopefully to the poiint that I can see those special, spontaneous moments …which of course I will always have my camera on me to capture !!
:p

funny thing about the billboards – i was driving down spencer st and just coming up to a syphillis billboard just as a young couple were kissing in front of it – i just about caused an accident! great tips btw

Perhaps surlyman thought you might capture his soul. But of course we know that’s nonsense – I mean, why would you want it? But seriously Mark, some great tips here.
Keep your distilled wisdom of experience comin’. Looking forward to the next instalment.

99 percent of Darwin are hiding from the LAW and don’t want their photograph taken the other 1 percent you wouldn’t want to take their picture! But very helpful info thank-you!

Thanks Mark

Now I’ve got some tips, I might just ry. Thanks a bunch =)

If you shoot and use the ones without a release these real assholes you would have to worry about if they ever saw it for sale. Without a release from them you can be sued. Unfortunate but true.

you must get a release in writing to use any of your street photos unless it is for newspaper news or history books. Check out the laws under copyright, You own the copyright but do not have the right to make profit on them without a release unless the people can not be identified, ie like silhouettes.

Good stuff Mark, some purists will argue that REAL street photography is a 50mm prime on a 35mm sensor. It’s in your face photography, but the idea is to just shoot them before they even realise it. There’s a guy in the US that’s hugely famous for it, but I can’t remember his name or site atm.

thanks for the tips!

Great stuff, Mark! Thanks for writing this.

Great writeup – thanks.

In relation to the model release, you only need it if the photo is to be used for commercial purposes. However the term “commercial” is misleading here – it refers to the photo being used in advertising to endorse a product or service (ie, giving the impression that the person in the photo is endorsing the photo/service).
It does NOT refer to you being able to sell the photo – you can still certainly do that.

There’s some great info about copyright in Australia here (scroll down to the section titled What is “commercial use”? for more info).

This is why it is not a good idea to put candid shots is for sale with a stock agency.

love people who share their knowledge…..............

A car will rush by as someone is walking, splashing them with muddy water – you time your shot to capture their indignation and water spray like an upturned umbrella. A mother and child walk through the lamplight, and as the mother moves back into darkness, the child, holding her hand, is illuminated. Your billboard espousing ‘have a happy day’ becomes a backdrop to a crying girl – or an arguing couple.

The essence of Henri Cartier-Bresson. The spirit of the great man lives on…

fantastic advice mark – thanks heaps for sharing…

Hello Mark, what a nice tip work.

I don’t know how it is in other countries but in France you can take photos of all the people you want (if they agree) but you can’t make any commercial use of these images unless you have a valid and signed model release …

...just realised I’m probably the third kind ;). Your candids have always impressed me Mark. Wonder why you decided to give the secret away??!! :)

I don’t know how it is in other countries but in France you can take photos of all the people you want (if they agree) but you can’t make any commercial use of these images unless you have a valid and signed model release

Hi Patrick :)
It seems that most countries have a similar set of laws in this area. What is a little vague, is the definition of commercial use.

In Australia (and as far as I know in the US), commercial use, loosely speaking, means giving entire and complete rights of the image away, to be used however the new owner pleases – including advertisement. It does not mean selling your work as editorial, illustrative, or photo-journalistic photography, and this includes candids and street. The difference being, an image may be displayed, providing it is not demeaning, unfairly provocative or embarrassing and also sold – as an item with no continuing rights granted.

The logic behind this, is that in our everyday lives we are constantly being recorded – by film crews, newspapers, event photography, surveillance cameras and of course the human eye. It is almost a given that privacy is only reliable on private land – and that would depend on the owners.

For example – I am entitled to photograph anyone I like on a public street. I use discretion, of course, but it is my right and I am backed by the law. However, I am not allowed to photograph in certain parklands or establishment – even open air ones – without express permission. O am allowed to photograph and sell an image of any building I like, providing I can take the shot from a reasonably public viewpoint. This does not mean I can climb fences, or peek through keyholes though.

The public around the Western world has rapidly become paranoid when it comes to photography. And yet, they would willingly phone a friend to tell them they may be on TV because they saw a camera crew at the ball game.

Street photography plays an enormously important role in our society. I could give many examples, but the best way to illustrate the point, is to refer back to pictorial history – what we know about it, and why we know about it.

Mark – these are great tips – street photography is the hardest and best – but you must engage otherwise you do not get the essence of it. I was in federation square last weekend – it was a busy sunday and i am not surprised you got your photos – it is about being a bit bold.

Thanks for all the information Mark – and I’m sure the debate on the rights to take and sell photographic materials will continue.

Thanks Mark! Excellent tutorial!

Mark, These are brilliant guidelines, I also remember that you gave me “this info for UK”http://www.sirimo.co.uk/ukpr.php to look at, which has a lot of information, however in the UK it is a very sore subject at the moment especially with the police anti-terrorism law

THIS IS THE LINK

Great post Mark, plenty of good tips for those wanting to get into street and candid photography. Thanks for sharing.

Good tips Mark

Thanks for that. Most helpful.

Good work, Mark.

Excellent tips my friend, Great work!

Thanks for the tips Mark, very useful.

Wonderful Mark, thank you.

Many thanks for putting this on Mark.

Thank you so much this is really helpful. I was having trouble finding out some of this stuff but you just answered all my questions!

Awesome, thank you very much, I feel more confident now.

AAaaah Mark, thanks for this… I wish you had told me all this before I had gone back home to New York to take photos in Manhattan…but when I go back again I’ll be a bit wiser now, I’m sure :)

Great tips – thanks heaps. Will put it all into practice now.

Thanks Mark.

Thank you for sharing this with us Mark :)

cool tip, must try, n i,ll look out for grumpy peeps too…...

watch the birdie….

Thanks for the tips Mark!

Mark where do I send the money !

Thankyou so much! You have answerd a lot of my questions when it comes to taking photos of people in public areas. I always feel unsure if im going to offend some people. I guess you just have to judge the moment & the people aroud you.

Awesome journal, yeah its not really my favorite style of photography

-in australia you have annoying security that tend to stare at you… you have police that ask you what your doing… you also have the *** that.. .

anyway, its really not my thing… -taking photos are parties where you know everyone and everyone knows you is always awesome.

good work anywho!

nice work mark thanks for making your knowledge available to us
cheers chris

thanks mark, such wonderful advice im just learning all the time but love it, its so much fun, thanks again

Hi Mark, it sounds like you excel at interacting with people & your environment, which I believe may be an art in itself. Observing, appreciating & being part of the moment you’re in, is not something that everyone can successfully accomplish; (particularly whilst taking some fantastic shots!). I’ve really enjoyed looking through your photography, it’s great; thanks.

Thank you Mark,, I’m printing this out:) Lys sent me here after I asked her advice on public shooting,,,, I get embarrassed for people to even see me with the camera let alone photograph them:) So this is a big help,, wish me luck on not hiding or waiting till everyone is gone:)

Mark, thank you for being so generous with your knowledge, there is some great subtlety in your advice that I’ll have to read and reread to get it ingrained in my brain. A very good investment of my time!

Thank you so much for this article! this helps me so much! I appreciate it!

I thank youfor the article! Today i wrote a blog and wrote about how helpful this article was for me. :) You can read about it here blog

okay, its not working..lol
http://www.uber.com/cozycomfycouch
uber blog

I really enjoyed reading this! I am new at street photography, and this was informative, as well as entertaining.

Good article Mark. Thanks. In your next article you might wish to address the subject of property releases. Example: A good friend who, for years, worked for LIFE and TIME has told me that in NYC, for instance, if you took a commercial photo, for example, from the top of the Empire State Building technically you would need a property release from all the owners of any building in the shot that is easily recognizable. What info do you offer for this?

I found this simple rule on another photography web site:

When you use a photograph of person without a written release form, you take the chance of being embroiled in a lawsuit involving what constitutes “use”? It’s generally accepted that if the photographs are not displayed or published, but kept for the photographer’s own enjoyment or as instrumental in perfecting her craft, then a release form is not needed. However, the sale of such images as art, or as stock (because it constitutes a commercial use), necessitates obtaining a written release. If there is even a remote chance that you may be able to sell an image, get a release.

Fantastic advise. Thanks so much Mark… you’re just too good to be true. :-)

For those in the US, the following web page offers the same or similar information:

http://www.krages.com/ThePhotographersRight.pdf

Mark this has been so useful to me!! I always have a terrible feel in taking candid street shots/portraits…I love the spontaneity of them !....but I always feel that I am intruding in their private moments and that freezes me! These guidelines are really going to help me! Thank you!!!!

Dear Mark, I found your article to be one of the best writings regarding candid street photography. It’s concise and more importantly, demystifies the legal gray matters that hangs around for a long time. Thank you very much!

I totally agree with your points!! Love to add a couple as well. :-)
> For framing, I have written something about cropping instead of framing, as a quick start for candid street photographers. I believe that there is always at least one cropping in every photograph..
http://www.candidzen.com/2008/12/10-ways-of-cropping-in-your-candid.html
> Also about approaching the subject/story, I can supplement to it with some of the technical side of it as well.
http://www.candidzen.com/2008/12/csp-preparation.html

Excellent article!! I will make a mentioning of it in my blog. Best!

this was awesome all round! Thank you Mark for the post – I have found it so utterly helpful, relieving in may ways (amazing what a bit of insight and understanding can do – takes the nerves of uncertainty off the edge)
I love street scenes but I’ve just always been scared of getting into it … what you’ve described is really helpful.
The bits and links to the legal aspects – gosh, I can hardly say THANK YOU enough. I’ve asked some friends regarding this before and none seemed sure where to really source any clear information …
Thank you very much – you have been more help than you might know!
~ Tina

Really enjoyed reading your tips on candids Mark and look forward getting out there and doing some more candid shooting. I agree that smile and people smile back, and so love that interaction with people.

Absolutely practical … absolutely informative … and absolutely generous of you. Thank you.

Oy. It’s a tutorial, not a gun fight. Laws and debates and horseshit aside…

Thanks, Mark. :)

This is great, Mark – thanks so much for sharing it with us :)