I wonder if asking for a release could create additional problems; once
someone has refused to sign you have an explicit lack of consent for the
photograph to be used. Once you ask, might not you be more committed to
ceding to the subject's wishes.

In any event, unless someone does relatively static 'street portraits' I
have a hard time imagining a way of even approaching most subjects of a
streetphoto: do you run after a passerby or interupt their conversation?
There are times when such photographs include a number of unrelated
people moving off in all directions; do you hire crews to run after then
with explanations? It would seem that having to get releases would just
make classic street photography impossible, so if you are committed to
do this type of work you have to take your chances.

Does anyone know a case where there has been a successful suit against a
published or exhibited streetphotograher on privacy grounds? For what
it's worth even Rudolph Giuliani of NY, nor famous for his love of free
expressions but a himself a shutterbug, once was quoted that there is a
right to photograph anyone one wants in public places.

John M.

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