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November 12, 2012
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Photography in public

:icontammyphotography:
TammyPhotography Featured By Owner Nov 12, 2012  Hobbyist Photographer
Hello.
I have a very important question. I have recently taken pictures on a public beach here in the Netherlands. They have turned out lovely and I would really love to post them here on DA. One problem. I don't know the people I have taken pictures off. They are silhouette photo's of kids playing on the beach. In one picture you cannot see any details of the children, just silhouettes. And the other is a partial silhouette, but you cannot see the boy's face. I am unsure of the laws about this in the Netherlands or in general. I have tried to look on the Internet for an answer but am still unclear on the issue.
My question: is it okay to publish these pictures here on DA?
I do not want to sell these pictures or anything, just share them here on DA.
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Devious Comments

:iconsvenler:
Svenler Featured By Owner Nov 14, 2012  Professional Photographer
Do not take legal advice from posters on an internet forum; that especially goes for advice from people who are not in your country and/or who are not professionals.

When I started out, I took some pictures of just the belly of a pregnant woman and was told by my agency that I would need a release (which I had) in order to ensure that the images could be sold globally. Their lawyer's assertion was that the shape of the belly would be considered an identifiable characteristic in some countries.
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:icongeorgewjohnson:
georgewjohnson Featured By Owner Nov 14, 2012  Hobbyist Photographer
In the UK and probably other places the law states that you can shoot anything and anyone you like a public place for personal and commercial purposes without the need for any permission to be granted, providing you do not hinder them, cause obstruction to vehicles or fall foul of the anti-terrorism laws. Despite what some Police and media brainwashed parents seem to think, there are no laws against taking pictures of children in public but you spend ages with a huge tele shooting someone's kids on a beach you might well be accosted by nervous parents or local Police. The reason people fall foul of some laws is places like local council run gyms, swimming pools and shopping malls/centres, they are almost always private property and do have their own rules on photos usually at the discretion of the manager in charge.

The laws are wonderfully ambiguous, mainly to keep solicitors and lawyers in well paid jobs! "Reasonable expectation of privacy." is the classic one, so no shooting from the public road with a huge telephoto into someone's bathroom!
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:iconjuliabohemian:
Juliabohemian Featured By Owner Nov 12, 2012  Professional Photographer
You can post them here. But I think if you were to attempt to sell the image, you would have to obtain proof of permission from the people in the picture.
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:icontammyphotography:
TammyPhotography Featured By Owner Nov 12, 2012  Hobbyist Photographer
After reading all your comments and some more... I decided to post them
and
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:iconjuliabohemian:
Juliabohemian Featured By Owner Nov 12, 2012  Professional Photographer
Huh. I'm not sure those wound count, as the people are unidentifiable.
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:icontammyphotography:
TammyPhotography Featured By Owner Nov 12, 2012  Hobbyist Photographer
Yes... but you can never be too careful I think.
Thanks a lot for your help. :aww:
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:iconblackroseangel89:
blackroseangel89 Featured By Owner Nov 12, 2012  Student Photographer
If it is like it is here in the US, you don't need permission to sell the photos. As long as they're being sold under the context of an art print, you're ok. What you can't do is sell the commercial rights or use them for commercial purposes without signed consent. Basically, as long as you're not using the photos to endorse a person, product or service (including your own photography services) it's ok.
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:icontammyphotography:
TammyPhotography Featured By Owner Nov 12, 2012  Hobbyist Photographer
Thank you.
After reading everything I decided to publish them here on DA.
and
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:iconblackroseangel89:
blackroseangel89 Featured By Owner Nov 12, 2012  Student Photographer
Look nice :) You would have no fear with these. I believe you could do anything you wanted with them (maybe even commercial) since you can't make out their likeness.
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:icontammyphotography:
TammyPhotography Featured By Owner Nov 12, 2012  Hobbyist Photographer
Thank you.:)
Better safe than sorry, I always say.
Thank for your help. :D
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