Community poll forum: Is wrong to take candid cell phone pictures of stuff/people?

I have no objection to anyone taking my photo in the street. All and sundry please come and take my photo, just let me know where you intend to publish it so I can sue you for using my image without my permission. That should take care of my retirement nicely, thank you.

In public, what expectation of privacy does one have? I say, not much. If you object having your picture taken, do you also object to people looking at you?

I am a professional photograpgher with over 25 years experience. In many places and countries (including your own!) it is illegal to capture an image of persons in public (and private) without written consent, quite often specifically, in the form of a legaly recognized model release form. To randomly snap pics of "hottties" may not only result in costly legal action, but an nasty physical reaction by the subject ot the subjects' escort/date/spouse. Paparazzi live a risky life to get the "big pay off", and are well aware of the legal and physical risks...are you?

If it's a legitimate news photo and you sell it for news purposes to the news media, there is absolutely no legal recourse on the part of the subject(s) of the photo. If it is for your personal album and not for profit, the same is true.

Candid photography on the street is a long tradition in photography. The work of Henri Cartier-Bresson was almost all candid. He, of course would be required to get model releases and those are not hard to get people to sign if you promise to send them a print.

I, too, have worked as a professional photographer. I had two kind of releases, a long one for professional models and a short form a lawyer provided me with for street photography.

Senior pro photogragper, whatever in the world that is, it is not illegal to take a picture of anyone in public anywhere in the world.
The exception being the nations ruled by Muslims. They'll kill you if you do. Hell, they'll kill you if don't. Can't figure those people out.
If you make money from an image of an individual, it would be best, and save yourself from a lawsuit, to get a model's release.

I'm a guy and as a guy I never wear skirt so you could never see my underwear. As long as people take picture of me, I'll take it as a compliment. For the rest, I just hope people keep respecting other and their intimity.

I disagree with you on this, dobird... Some of the best photos I've ever seen have been candid photos of people on the street, on the bus, in the subway, etc. One particular site I've always liked (though it hasn't been updated in ages) is www.hunkabutta.com - a photoblog done by a Canadian guy working in Japan. He's since moved back to Canada and stopped updating his blog in early 2005, so check out his archives.

I meant stuff you would like to keep for a memento. Like stuff you would take pictures of when you're on vacation and forget to take your camera and the only thing you have is your phone.

Why should it be wrong for someone to take a picture of an unknowing person with their cell phone? We get our pictures constantly taken every day. Newspaper photographers, security cameras, TV news, and who knows what else are constantly taking all of our pictures in public places. Why should someone with a cell phone camera be judged any differently?

First a response to treknology: You can't sue people for using your picture without permission while you are on public property even if the picture is for commercial use.

As with me, I've got a Nokia N93 and what is this phone for if not to take photos? Sure, it's weird if someone sees you and wips out their phone to photograph you, but once you are in public, all is free to view and record.

No. There can be no expectation of privacy when you're in a public place. Look around you, there are cameras all around anymore put there by government agencies. It also is one of the freedoms of this country we enjoy so much. If you SELL the photo that clearly identifies the person, then you have to get a model release signed by them. At least I think that's the law.

Before you tell people that it is legal to profit from fine art sales from an image of a person or place, please include the country/state/province/city where the laws can be verified. When dispensing legal advice it is always wise to include the verifiable reference. I know for a fact that in Canada it is legal to take all the picture you want...publishing for profit is an entirely different matter, and "for profit" can be interpreted legaly in many ways (in a court of law). Check your laws..."I heard" or "my buddy who's dad is a Lawyer" is very risky buisness indeed..especially when it turns out the laywer dada turns out to be a commercial or real estate lawyer. In my world, it is better to ask, and don't get all "what about the sailor kissing the girl in Paris" moment..well, even that one was posed, so be careful.

The 'thought police' here in Australia have banned just about any taking of photos of anything anywhere in public on the basis of a very FEW incidents of people taking photos of children they have no association with. In a mall recently my father was almost crash tackled by security because he was holding my camera phone upwards, taking a picture of a SIGN that he thought was ridiculously funny because it said 'ATM MACHINES' (automatic teller machine machine hehe). The security thing, based on paranoia rather than any real threat level, has become absolutely ridiculously 'over the top', because the current government here has decided to not do as its' voting public wants but just follow along with certain other countries.

A mall may be privately owned but unless you need to be screened and accepted for membership in some private 'club' and have to show your membership ID at the door before being admitted to the mall, the mall is as PUBLIC a place as you'll find anywhere. Anyone off the street has full access. It's public. Sure the mall can set policies re photography but it's not because it's a private space... it's to prevent you from stealing good marketing info and ideas and using them in your own mall. Of course the policy doesn't work but that little detail never deters the mini-minds who think up these stupid rules from continuing to do so. The most the mall could do would be to usher you to the door... a charge would never make it before the courts.

Hell, even your own CAR is considered a public place by police and if you don't think so, just watch what you'll be charged with if the cops catch you naked in your own back seat while parked on a street or parking lot! If the public can see you, you're in PUBLIC!

So grin and bear it! You're on Candid Camera, more so today than ever before. If you don't like it, stay in doors or wear a burka!

If you're trying to get up-skirt photos or something then that's probably wrong, but there's nothing wrong with normal photos of people in public areas. I wouldn't consider a public restroom or locker room a truly public area in this context, because a certain degree of privacy (i.e. from the opposite sex) is expected in those places, along with general locker/bathroom etiquette. Out on the street, etc. is completely different and free game for candid photography in my opinion. Also I don't see why cell phone pictures would differ from those taken by a normal camera other than the covert aspect. My phone, though, always makes an audible shutter sound or chime when I take a picture, so it's less covert than most digital cameras in that respect. (I can disable the shutter sound on my regular digital camera.)