Legally yes, ethically up to you. If you feel like it’s useful content for you to have on your account then just do so, but if they contact you and ask to take it down just do it without fuss or making a bigger deal of it. If they’ve seen your account before meeting and know you post portraits then it’s even less expectation of privacy if they agree to a photo date!
this post was submitted on 26 Nov 2023
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If you're a photographer in the United States, the copyright is based on who pushed the button on the camera. So legally, she owns the copyright of the photos she took of you. This was a big ordeal when a chimpanzee took a photo and there was a court case about who owned the copyright.
However, there was a certain level of expectations with a photo walk. That being you two consented to having the pictures taken, didn't matter if it was in public or private. In addition, with the social norm being that photos are usually posted on social media, then it is reasonable this usage was implied when you offered a photo walk date.
That being said, I wouldn't use then commercially to promote your photography, but personally, it wouldn't be an issue.
chimpanzee 😂
Not a chimpanzee but rather a celebes crested macaque. More info here:
https://en.wikipedia.org/wiki/Monkey_selfie_copyright_dispute
There is no expectation of privacy in the US if you are in public. You could literally walk up to a random stranger, take their photo and post it online. This is basically the entirety of the genre of street photography.
What you cannot do is license that photo for commercial use, since you don't own the rights to their likeness.
Thanks for the info. Does using a photo in a portfolio count as using it for commercial use, since it (indirectly) leads to commercial gain?
No. You cannot sell these images for third parties to promote any kind of goods or services etc., but you can publish them and even sell for editorial porpoises.
Commercial use in this context means the suggestion or implication that the subject of the photo endorses or supports a product or service.
Look at it in the terms of Hollywood paparazzi. They can shoot a picture of Tom Cruise walking down the street and sell it to TMZ all they want, even though that's for commercial gain. What they cannot do is use the picture in an ad for Tag Heuer watches, because that implies that Tom Cruise endorses Tag Heuer watches.
id be annoyed that someone i didnt like or talk to anymore posted pictures me of. i wouldnt care that it was your hobby. its weird.
I agree that it's probably legal to post a picture that was taken with permission, but it's weird.
This is creepy as hell. You’re like the guy from You.
Genuine question—what makes it more creepy than a street photographer posting pictures of random people on the street?
The fact that you were on a date?
If you haven't gotten permission from them and they ghost you, I personally think the respectful thing to do would be to not post the pictures you took of them. Thats pretty weird.
If the ghosting is a recurring problem maybe ask them before the date ends "Hey i love these pictures of you, do you mind if i post them on my instagram/use them in my portfolio?"
Likewise I wouldn't use pictures they took of you for your portfolio, as you aren't really the photographer in that case. (Unless you chose the settings/composition/posing and are using them as a shutter release, but thats not what it sounded like)
Creepy date technique.
Well, the girls I talk to don't seem to think this dating technique is creepy! Otherwise, they wouldn't say yes to it.
Edit them out of the picture, leaving only a silhouette, and post it with the caption “ghosted” haha then include a little story about the place, why you liked the photo or location, what it feels like to be ghosted. Have fun with it.
No permission is violated but it makes a good photo/story.
LOL now that's a great idea!
TBH, the creepiest part is saying that of course they like your pictures because you have a mirrorless body and a nice lens....
What do you mean? I just meant it in the sense that I have some nice professional camera gear, which takes much better quality pics than a phone, so most people generally end up liking them a lot.
Jokes are best unexplained. But if you must: saying that one's images must be better because they were taken with better gear suggests a certain kind of gear-bro aesthetic that is well-known but not uniformly loved among photographers. And second, the bit about the body and the lens creates an unfortunate double entendre. The fact that both readings can be found in the same remark further amplifies the humor value. Thus, the comment.
do you have any idea how creepy the question you asked? cant believe even you feel normal to ask this question.
You are entitled to your own opinion.
Wow…
That sounds dodgy as fuck.
I can't imagine turning up for a date with some bloke who I've never met before , who has a camera and then starts to take photos of me. Its creepy as fuck.
You already know the legal answer here. For the moral question, you could try the old consulting trick: don’t ask for permission (since you don’t need it), but tell them that you plan on publishing unless they tell you not to by date X.
She’s also an adult. She had every chance during the date to revoke her consent or tell you to stop taking pictures. If you give her a chance to respond specifically to this topic, and she still chooses not to do so, then in my book you’re fine.
im sorry you got ghosted its def disrespectful, but i think you could still stay respectful and not post their pictures if you hadnt asked permission to post it -- maybe a situation you could learn from and keep in mind for your other dates to ask if you could post
I dont get the "its creepy" comments...you're a photographer and you took a nice portrait of someone. Its not weird to share your work on your social media.
But it is a bit creepy to show up for a date with someone new with a camera and start taking pics of each other. I know I’d feel that was an invasion of my privacy.
To the OP: do not post them and stop doing that. Maybe suggest it as an idea to someone you are successfully dating, but it is not a date ice-breaker. It’s just creepy.
(Not to mention an I am a geeky guy and I live with my parents in their basement red-flag.)
I am genuinely curious why you're asking about the legality of posting pictures THEY took of YOU? What is the story behind this concern? Are you in danger?