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Neil Bussey

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Hi. I would like to know if I can upload my travel photography as editorial as it has many people and buildings featured which would need releases (impossible to get on many occasions) if submitted as commercial?

I'm wondering if travel publications source their images sometimes from editorial sections of stock sites like Alamy. I have hundreds of images that are dying to get out there!

 

Thanks.

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Oh boy, this is some can of worms we've opened. It's not just minors who cannot be photographed in Spain -- you can not shoot pictures of anyone for any purpose without a signed release.

 

I've written to Alamy. This looks like a major game changer for me. 

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37 minutes ago, Ed Rooney said:

Oh boy, this is some can of worms we've opened. It's not just minors who cannot be photographed in Spain -- you can not shoot pictures of anyone for any purpose without a signed release.

 

I've written to Alamy. This looks like a major game changer for me. 

 

On the move again?

 

Allan

 

 

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37 minutes ago, Ed Rooney said:

Oh boy, this is some can of worms we've opened. It's not just minors who cannot be photographed in Spain -- you can not shoot pictures of anyone for any purpose without a signed release.

 

I've written to Alamy. This looks like a major game changer for me. 

 

Doesn't the Wiki article just say "without consent" (whatever that might mean)? I don't see anything about having to have a signed release in all cases.

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2 hours ago, NYCat said:

I was curious about this and found this...... https://commons.wikimedia.org/wiki/Commons:Country_specific_consent_requirements Often seems very complicated.

 

Paulette

 

It's complicated alright, but this is a good list to consult before travelling. As discussed in previous threads on this topic, the only outlier in Canada is the province of Quebec. Mind you, Quebec's privacy laws regarding photography don't appear to have been enforced for decades.

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1 hour ago, Ed Rooney said:

Oh boy, this is some can of worms we've opened. It's not just minors who cannot be photographed in Spain -- you can not shoot pictures of anyone for any purpose without a signed release.

 

I've written to Alamy. This looks like a major game changer for me. 

 

Just looked at el pais the biggest Spanish newspaper, there's still a lot of people in the backgrounds, just like a uk paper. Did they all sign releases?

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I’ve been checking that wiki link lately because I plan to visit Italy in the fall. I was glad to see the Italian laws are less strict than some other  European countries. I photograph a lot of crowd scenes in France and Switzerland,, and do my best to get shots of unidentifiable people. I find viewing news photos taken by AFP photographers helpful when it comes to France.

 

I’m still a little confused about what is allowed, but It seems to me that in France the laws aren’t all that clear and are open to interpretation as to what constitutes permission. Could Spain be the same? At times, I’ve held my camera up and asked if a photo of an adult(s) was ok. I assume that a nod or smile back can be considered permission (editorial only). And often, people in parades or demonstrations pose for photos when they see my camera. However, I rarely upload photos of French children, and don’t think I have ever included children’s photos from Switzerland in my port. 

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Interesting answers.Thanks. Glad to know that generally I can do this.

I guess it's a case of check before you travel and get consent from parents in more intimate up close situations. Also an idea to look at other editorial travel submissions that have been accepted and get a general idea of what's allowed.

All my Spanish shots are general street and architectural scenes,festivals etc so I dont think i'dd have a problem but i'll accept any occasional rejections based on these restrictions.

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25 minutes ago, Neil Bussey said:

Interesting answers.Thanks. Glad to know that generally I can do this.

I guess it's a case of check before you travel and get consent from parents in more intimate up close situations. Also an idea to look at other editorial travel submissions that have been accepted and get a general idea of what's allowed.

All my Spanish shots are general street and architectural scenes,festivals etc so I dont think i'dd have a problem but i'll accept any occasional rejections based on these restrictions.

 

Picking up on the last few words of your reply - be aware that Alamy, unlike microstock sites, will not reject your photos on the basis of the content, whether taken in Spain or anywhere else.  Alamy inspect technical quality only. The responsibility for complying with any restrictions rests on the photographer,  so you yourself need to decide what you will submit and what kind of releases (if any) you need to go with them. 

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4 hours ago, Ed Rooney said:

 

Really? Hmmm. I better do some deleting. I guess a nod and a smile does not count as much as a model release? 

 

Yeah.. sorry Ed! This thread just re-awoke an old memory of looking this stuff up before a holiday to Spain a couple of years ago. I hadn’t remember that it was anybody but do remember reading a specific story of a photographer getting into trouble photographing children. Apologies for not remembering this stuff when you were contemplating moving to Spain. It will be interesting to see how Alamy respond to your email.

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Matt, thanks for pointing it out. And Joseph is right. Alamy does not do the checking of what is legal and what is not for us. 

 

And . . . the Spanish law is for the rights of all Spanish citizens, not just children. The law in Italy is much like that in the UK. I see a bowl of pasta in my future. 

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I'm assuming, or perhaps hoping, that there is a particular problem if you happen to live in the country concerned as Ed does. Common sense seems to mean less and less but surely a photographer can't be expected to keep up with the nuances of case law in every country, at least for RM images with no releases, or am I kidding myself?

 

Full marks to whoever compiled that table, those red cells are pretty alarming but so are the "Yes (with exceptions)" because France is not that different from Spain. I thought the article by Olivier Laurent that referenced Nick Turpin and Martin Parr was very interesting, though a few years old now:

 

https://lens.blogs.nytimes.com/2013/04/23/paris-city-of-rights/

 

On the other hand they could be considered as 'Art' photographers rather than stock, certainly I doubt if Martin Parr had any releases for his Benidorm pictures:

 

https://www.martinparr.com/2019/benidorm/

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34 minutes ago, Ed Rooney said:

Matt, thanks for pointing it out. And Joseph is right. Alamy does not do the checking of what is legal and what is not for us. 

 

And . . . the Spanish law is for the rights of all Spanish citizens, not just children. The law in Italy is much like that in the UK. I see a bowl of pasta in my future. 

 

Or a plate of enchiladas. Whoops! Too late for that. Buona fortuna!

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Actually, it appears that when it comes to publishing a picture of a person without consent, a lot of countries are now just as bad as France and Spain, which makes one wonder about the future of candid street photography. Things don't look so good...

 

 

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