Photos of strangers in gallery exhibition?

Hi there,
I'm considering to do small exhibitions in cafes and galleries in Tokyo. Most of my shots, however, are "street" images of people that i don't know, and haven't asked permission from. What are your general thoughts about doing this?

I'm not looking to make money of this, or planning to sell prints, but i am still curious what you guys think about this as well. Would you sell prints of images, or accept money for publishing images, that you shot of people without permission?

Don't need to know about shooting, that has been discussed already.

Cheers!

I probably would not do it myself assuming selling prints was legal. You might want to check local laws. As long as no photos would be embarrassing to the people in them, then I'd have no problem with the photos being shown in a gallery.

As already mentioned by TXForester, it really depends on the local law. Especially the law of the country you are exposing the pictures (I suppose in Japan?). As an example, in german speaking EU countries, the privacy rights on the own picture are far more compelling. Not only the shooting but also the public exhibition without explicit written permission may be your problem at court.

If it is legal to display your photos as art or documentary work, I have no moral reservations about showing them in a gallery setting. Of course I assume your work does not defame or depict subjects in embarrassing situations.

There are two separate issues: the legal one and the moral one.

Morality is opinion, post #2 mentions embarrassment, but that too is subjective.

You should know the local law, then decide what feels right TO YOU.

The European laws are bizarre, in my opinion, but that is just my opinion. I do wonder what would happen if a descendant of one of Cartier-Bresson's subjects saw HCB's photo of his relative in a gallery show in Germany.....

Cheers

Cheers

Thank you for your replies.

Does anyone know how the legal situation in Japan is, or has a link to a source? I did some googling already, seems there is no strict law against it, though you could get into trouble if it violates someones privacy in a clear way which gets other people into trouble (for example, if it shows people having an affair).

Basically, I will do it anyway, was just interested in the general consensus. As far as embarrassing images go, some sleeping people in the train is as embarrassing as it gets, and I don't think that is very embarrassing at all. It's what people do.

My idea is, rather than having only a few photos printed out big, to have a lot of photos printed out at different sizes (mostly postcard size) and spread them all over the walls. The whole thing should become like one whole, a showcase on Japanese street life from a foreigner's viewpoint. I think even when people will recognize someone they know, it won't be so shocking because they are part of a big group of images.

I won't be making any money with it, and if there is a complaint, I'll just take that shot off if needed.

Why not simply asking some of the gallery or coffee shop owners about what they would like to have exhibited on their walls ?

You really need to consult an attorney.

maddoc said:

Why not simply asking some of the gallery or coffee shop owners about what they would like to have exhibited on their walls ?

Click to expand...

Because I want to display what I want, and what I have
It's nothing fancy, and I don't want it too be. I want it to be accesible and fun. And social I guess. Once it's up I'd like to talk to people and then find out what they like and don't.

Especially for coffee shops and small restaurants, it's just a little showcase. I have to pay for it, and that's fine. If I would ask what they would like to display, I'd probably get something like: "Something nice", or "anything's fine (as long as you pay!)"

I just want to get out there and do something. I always make stuff, but never show it.

Then maybe best to contact some gallery owner and talk with him about your plans first. Once you have the foot in the door, everything else will become more easy. Tokyo has plenty of small gallery spaces so it should be easy !

Try this. It's VERY complete.

http://www.danheller.com/model-release.html

Generally speaking, in the US, if the photos were taken in a public area like the street then no model release is needed. Our supreme court ruled, quite rightly, that there is no expectation of privacy in public. That's why it's called public. If you're showing someone in a private setting, or in an unfavorable light, better get a release. You will definitely need to ck your laws in your country, and as the article states, an attorney isn't a good place to start. Talk to photographers that deal w/ this daily. If it were me, and I wasn't showing someone in a negative way, I'd feel no problem showing them in a gallery.

Japanese law applies here.

http://www.krages.com/phoright.htm

I dont understand how can be an expectation of privacy on public property and how would all those paparazzi make any money if there was...