Do I need permission to photograph someone?

In today’s image-intense world, I’m careful with using photographs of people. I always verbally ask their permission first if I’m in an informal public setting. If I know I’ll be using their photo for my work, I have them sign a photo release (sample below). On private property, I always get permission.

In reality, it’s a free-for-all when you are out in public. You don’t actually “need” to ask for photo permission on public land, but it is nice. In private buildings, unless you are an official photographer with permission from a company, then you should ask for and receive written permission from the company and people in the photo. In our work, many things are going into patents, etc. so we can’t pull out and use our cell phone cameras just because we want to.

A few examples:

• You’re at a public event, on public property, say a farmer’s market where you are doing outreach. Do you need to ask permission? No, but it’s nice. Hey, they might even ask you why and open up an opportunity for discussing your work!
• Kids – always always ask permission of the parents and get signed permissions to take photos of kids. Anyone under 18 cannot legally consent to have their photo taken. If you do not have a camera with zoom and must get close to the child, explain that to both the child and the parent. If it’s inside a museum (say, you’re doing a festival presentation), be sure to have written permission.
• If you are in a private business, always ask permission to even do photography or bring a camera with you. You have no legal right to take photos in a private business (unless you are the news media – and even then, with permission). And, if you are taking photos of proprietary equipment or including people, you should get a photo release, including the people in the photo.

Yes, I’m aware with the proliferation of cell phone photos and videos that it’s a common practice to just click away. I’m just cautioning you on the legal rules of the game. I’d hate to see you go through all the work of taking photos, filing them, using them in your newsletter or blog, and then being asked to take them down.

Sample, signed, permission text 

Date: ___________

Name printed legibly:  ______________________ Signature: ___________________________

(If this is for a child, the parent or guardian must sign)

I grant the GROUP NAME, COMPANY permission to photograph me and/or to use my likeness in photograph(s)/video in any and all of its publications and in any and all other media including social media, whether now known or hereafter existing, controlled by GROUP NAME in perpetuity, and for other use by the GROUP NAME. I will make no monetary or other claim against the GROUP NAME for the use of the interview and/or the photograph(s)/video. 

Written by Susan V. Fisk, BS(Chem), M.Ed., MBA. Copyright by author.

Read more about visual content:

The importance of taking photos to document your scientific work.

Tips on what type of photos to take.

For samples of my personal photography and make purchases, visit my Etsy shop. 

Do you want more help with your science communications? Contact me at TrulyRelatableScience@gmail.com for estimates on editing your professional web pages, public presentations, grant proposals, or to Zoom into your classroom/lab for a workshop!