Photographer’s Rights Document

[Senzhi]

Does anybody know if this kind of document exists in China? In Chinese (and hopefully in English too)?

If so, obviously, where could I download or find it? A search (in English) on Google, didn't reveal anything at all ...

[roddy]

Would that be a model release form? Ie, whoever is in the photo giving the photographer the rights to use it for whatever specified (or any) purpose? If so this should do the trick (assuming Getty lets you use it.

[Senzhi]

It's neither a model release form nor a property release form.

It's an official document that clearly states what's legal to be photographed and what's not, and can be shown to any overenthusiastic police officer, security guard, or anybody else pretending to know it best.

I'm just not sure if it is available in China.

[roddy]

I see, I see, didn't realize there was such a thing. Had a quick search in Chinese and didn't find anything. Chances are any relevant laws or regulations will have something about 'complying with the relevant authorities' at the end anyway.

[Senzhi]

Chances are any relevant laws or regulations will have something about 'complying with the relevant authorities' at the end anyway.

And that's my problem here: everybody seems to claim the right to invade my privacy by taking pictures of me without asking ... "Look! Foreigner! And he's got blue eyes!" ... while as soon as I open up my tripod, I gather a crowd ... and always there's someone ( not related to the shot I'm taking) claiming: "你不可以！", unless I get some cash up front.

Which I simply refuse to do.

And I'm only a hobbyist ... and don't even look like Brad Pitt.

[roddy]

Got waved off a couple of times when taking photos for Signese.com, but when I explained I was only after the signs they generally let me get on with it (while perhaps hoping the crazy foreign man would go away soon.) The owner of the makeshift van-restaurant this was attached to did try to tell me there were regulations forbidding my photo-taking. Should have pointed out there are also regulations forbidden the parking of dirty old vans outside Xizhimen subway station and selling snacks.

To be honest I don't think this is one you're going to win. Even if you do get a photographer's rights document, you're just going to get a crowd of people wanting to read it and getting in the way of the photo. You need a steadier hand so you can ditch the tripod and take photos quicker.

[Senzhi]

You need a steadier hand so you can ditch the tripod and take photos quicker.

mmm .... I get your point. But that's not what I'm trying to achieve ... sometimes a tripod is just needed for "that" specific kind of photography.

People here are not so much interested in what or how I'm trying to shoot. They just see a foreigner and smell money.

If I would be writing a love letter at the same place they'd probably argument it's forbidden too.

[dalaowai]

When "Look! Foreigner! And he's got blue eyes!" happens, I end up taking a picture of the person trying to take my picture.

As for people harassing you for taking pictures, as a foreigner, you'll always be a target. Many people are paranoid that we're planning on showing negative aspects of China through photography. I've also noticed that I get harassed more if I'm using my SLR instead of a low-end digital camera.

I remember reading about the Hutchens brothers and difficulties they had taking professional photos in China. It seems that each province has it's own ideas of what's ok and not.

[Senzhi]

When "Look! Foreigner! And he's got blue eyes!" happens, I end up taking a picture of the person trying to take my picture.

If I try to do that without asking, I'm in serious trouble. People here are very traditional, but never ask how traditional I might be.

And yes, I use an SLR ... and will not change ... at least not for these reasons.

If anybody has any doubts they can always check my pictures. My website is free for anyone who asks ...

Of course I could also use business cards. However popular they might be, it makes me feel like a professional ... and that's really what I'm trying to avoid (except for the SLR!)

[muyongshi]

The laws are actually very very strict here in China, to the point that basically the photographer has no rights unless he has been asked to take the picture.

Basically, here, even in public, you have to have the persons permission no matter what. All this is referring to the 肖像人权. In terms of property and buildings I'm not totally sure though.

[David W Jackson]

Stumbled on this after searching for Photographers rights in China. Yesterday I had more than the usual hassle on the street. Told to move on from a digger making a hole in the road where I was taking photos 'for my own security'. I gave as good as I got but to no avail. Lots of police and ganbus everywhere. Odd. Maybe buried treasure of some kind. I'm often stopped and asked what business I have taking this or that by some inferiority-complex driven apparatchik. I give them short shrift: Mind your own business. To engage them in conversation is opening a can of worms. So I'm wondering if you ever found out about the position in China or not. I'd love to know. In the meantime re the US, I found this useful: http://photojojo.com/content/tips/legal-rights-of-photographers/.

[muyongshi]

Refer to my post. If it involves a person you actually don't have the legal right to photograph them. If it involves anything else, well let me put it like this: you won't win in a court of law against any officer or government employee.

[anonymoose]

That's funny - I rarely get told not to take photos in China.

Did almost get arrested once though for taking photos near Sungshan Airport in Taipei.

[muyongshi]

yeah, I usually don't have anyone giving me grief, I just make sure I know what the law is. And unfortunately its a bit to strict for my taste. If you want to do street photography in China without getting noticed my advice is to go for something like a 24mm or wider lens on a full frame sensor. You can act like you are shooting past someone and then crop it down later. Telephoto still makes it obvious where you are pointing the lens at.

[liuzhou]

You need one of these.

[muyongshi]

Actually if you don't want to get noticed better switch to something like a ranger finder. The Leica M8 would do the trick.

Actually today I decided to grab a shot of this guy on the street and as I was taking it he looked up. Not at me- but at my friend, also a foreigner, standing about 3 feet from me. I found it odd that the guy snapping him with a massive camera didn't attract his attention but the other guy. I've always told him he stuck out but now I have proof. Still miffs me just thinking about it.

[adrianlondon]

Despite getting better photos from it than any compact, I've just sold my canon 40D dSLR. It was an excellent camera, but the weight of it and the fact it's so obviously a camera, meant I wasn't using it that much.

Doesn't matter where I am, but I prefer taking street scenes than great works of art. Probably because I'm not actually that good a photographer ;) Anyway if I'm in a small market, or cafe like I was recently in Paris, and remove my 40D and lens from my rucksack and take a couple of photos, most people stare at the camera and at me and freeze. When I use my little compact, people just ignore me. The technical quality of the photos isn't as good, but the image is more life like. If that makes sense.

In the UK, what with over-zealous fake police (community officers or something) stopping people taking photos of shopping centres, train stations etc, there's been an attempt at clarification.

http://www.sirimo.co.uk/2009/05/14/uk-photographers-rights-v2/

http://www.guardian.co.uk/technology/2008/jun/05/news.terrorism

And the official rules here

http://www.homeoffice.gov.uk/about-us/publications/home-office-circulars/circulars-2009/012-2009/

[muyongshi]

unfortunately right now Britian is getting the worst of it, well their photogo's are anyway. I still carry my full size SLR virtually everywhere with me and I think I have found a pretty decent way to slip in unnoticed shots. But it takes patience, great knowledge of your camera, good/fast technical skills, and well, ninja like movements Ok, I don't have the last one there but I sure do run fast afterwards.

[David W Jackson]

@Adrian - Really hear what you're saying and thanks for those links, interesting. I currently shoot a lot of street with my little ixus. Lousy in low-light but for guerrilla shooting hard to beat, at least before the advent of the Canon S90 and the more expensive Ricoh GRD III. What will you replace the 40D with? Me, I'm waiting for Sony and Nikon to bring out their S90 trumpers in 2010 (earlier would be nice:)). www.flickr.com/photos/cosmicsausage. Weather's turning colder here. Happy weekend photo-hunting .

[adrianlondon]

I have the S80 which I bought before the 40D. Before that I had the S60 and before that the S30. Even further back in time I had a EOS300 (film). I want the S90 as I miss my 40D's ability (coupled with the IS lens) to take decent photos in low light.

I'm currently trying to sell the S80 and once I've done that it's the S90 (or maybe G11) for me. I do keep looking at the Panny LX3 though. I'm so undecisive! Whatever I buy I'm still going to miss the 40D's handling, speed and that lovely real shutter sound. But it never did fit into my pocket ;)