This is general orientation, not legal advice; rules vary significantly by country and by use. For anything commercial or contentious, consult a lawyer in the relevant jurisdiction.
Three Separate Questions
- May you take the photo? Generally governed by where you are and reasonable expectation of privacy.
- May you publish it? A separate question, governed by privacy and personality rights.
- May you use it commercially? A third, stricter question, usually requiring a release.
People routinely assume that a legally taken photo can be freely published and used. That assumption is wrong in many jurisdictions.
Where You Are Matters
- Public places — in many common-law countries (US, UK), photographing people in public is broadly permitted, since there's limited expectation of privacy.
- Private property open to the public — shopping centres, restaurants, museums, transport hubs — the owner sets the rules and can prohibit photography.
- Places with heightened privacy — changing rooms, bathrooms, hospitals, schools — restricted almost everywhere, often criminally.
- Some jurisdictions are much stricter even in public. Several European countries, and countries following similar personality-rights traditions, require consent to *publish* identifiable images of people regardless of where they were taken.
Never assume the rule you learned at home applies where you're travelling.
Model Releases
A model release is written permission from the person to use their likeness. As a rule:
- Editorial use (news, commentary, documentary, education) — usually does not require a release, but must not misrepresent the person.
- Commercial use (advertising, promotion, packaging, selling a product) — usually requires a release. This is the bright line most stock libraries enforce.
- Stock submission — libraries require releases for identifiable people, and often for private property too.
Also relevant: a property release may be needed for identifiable private property, artworks, and some buildings.
Get releases at the time of shooting. Tracking someone down months later, when a client wants to use the image commercially, rarely works.
Children Require Extra Care
- Always obtain parental or guardian consent for anything beyond a private family photo.
- Schools, clubs and events typically have their own consent frameworks; follow them rather than your own judgement.
- Be conservative about publishing identifying details: name plus school plus location is a genuine safety issue.
- Several jurisdictions have specific rules on images of minors, and platforms have additional policies.
Practical Etiquette That Prevents Problems
- Ask when you reasonably can. Most people say yes, and the photograph is usually better for it.
- Stop if asked. Whatever the law says, continuing after a refusal creates a conflict that no photo is worth.
- Explain the use. "This is for my portfolio" or "this may appear on our website" changes what people are consenting to.
- Honour deletion requests where practical.
- Be aware of context: photographing people in vulnerable situations — distress, medical settings, protests, religious observance — carries ethical weight beyond legality.
For Businesses
If you publish photos of customers, staff or event attendees, put a consent process in place: signage at events, a clause in the ticket terms, a signed release for anything used in marketing, and a documented way for people to request removal. It's cheaper than resolving a complaint afterwards.