Are there any privacy laws governing city walk-around videos?

xkcd0137

Adept
I totally love such city walk-around videos, especially of Tokyo. But at the same time I shudder at the violation of privacy of so many people at the same time. Unlike videos of Tokyo, the people in other major cities like London or Venice haven't worn masks either.

I had a similar experience when I went to a tourist place recently and found one guy doing similar monkey business there. Fortunately, I was able to move myself away from his viewfinder. I am always mindful and ensure that no one else ends up in the videos or photos I shoot.

Shouldn't these youtubers blur out the faces of people? Are there any privacy laws governing such videos in India or anywhere else? ..or am I being too paranoid?

 

D C

Adept
What’s even worse is the irl twitch/YouTube streamers. Can’t blur live streams. Lots of examples over Reddit with streamers acting entitled or harassing fast food employees etc.
Most famous example I would say DrDisrespect getting banned for live streaming inside a bathroom at E3. But that was a bathroom, not a public space, so ban was expected.
This is just a streaming platform moderation example, not sure about real life legal implications.
 

kalph09

Disciple
For shooting in public places, I don't think there are any laws. You just hold the phone and walk around.

I have to spend tons of hours watching these videos, tried making one with Binaural audio and failed.

The idea of privacy violation, getting heckled up by the public, curious people, not enough smooth walking paths were enough reasons (time and labor were other factors) for me to not try this project.

However, there was one YT channel from Japan called Anna Film Production that shoots awesome walkaround videos at places that have 0 people. The creator took advantage of lockdowns or early sunrise.

These are quite relaxing to watch.
 
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nRiTeCh

Skilled
A basic rule comes into play: One cannot shoot without ones consent. But the other side is people like to come on live videos for that fame thing so hardly anyone bothers..
In fact even you wont be knowing you are filmed while you walk down your lane or while buying groceries etc.
 
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rdst_1

Skilled
A basic rules comes into play: One cannot shoot without ones consent.

That isn't a rule that applies to public spaces. Yes, one can request later on that they blur you out, if you find yourself in one such video, but I don't think anyone can force people not to shoot pictures or make videos in public places.
 

xkcd0137

Adept
I have to spend tons of hours watching these videos, tried making one with Binaural audio and failed.
Is this your job? ..to watch such videos?
The idea of privacy violation, getting heckled up by the public, curious people, not enough smooth walking paths were enough reasons (time and labor were other factors) for me to not try this project.
Or were you planning to make such videos?
However, there was one YT channel from Japan called Anna Film Production that shoots awesome walkaround videos at places that have 0 people. The creator took advantage of lockdowns or early sunrise.

These are quite relaxing to watch.
Thanks for the link. Will give it a watch.
but I don't think anyone can force people not to shoot pictures or make videos in public places.
This sounds terrifying to me and to think that there is not a law or a guideline regarding such a basic thing.
 

kalph09

Disciple
Is this your job? ..to watch such videos?

Or were you planning to make such videos?

A small part of my current job involves shooting videos and editing them, this stirred my interest.

Content creation is a skill I want to acquire (turn into a job maybe) hence I spend a lot of hours watching/learning how they are shot. So yes, I was planning to make such videos.
 

nRiTeCh

Skilled
That isn't a rule that applies to public spaces. Yes, one can request later on that they blur you out, if you find yourself in one such video, but I don't think anyone can force people not to shoot pictures or make videos in public places.
Not sure but it might fall into the below category:
1) intrusion on a person's seclusion or solitude; 2) public disclosure of embarrassing private facts about a person; 3) publicity that places a person in a false light in the public eye; and 4) appropriation, for the defendant's advantage, of the person's name or likeness.

And mostly in the west people aka strangers are totally cool on that factor while in India shit can backfire!
 

ibose

Patron
That isn't a rule that applies to public spaces. Yes, one can request later on that they blur you out, if you find yourself in one such video, but I don't think anyone can force people not to shoot pictures or make videos in public places.
So what about a situation if your snap/shoot is used commercially without your permission ?
 

rdst_1

Skilled
Not sure but it might fall into the below category:
1) intrusion on a person's seclusion or solitude; 2) public disclosure of embarrassing private facts about a person; 3) publicity that places a person in a false light in the public eye; and 4) appropriation, for the defendant's advantage, of the person's name or likeness.

And mostly in the west people aka strangers are totally cool on that factor while in India shit can backfire!

1) How are you secluded in a public place. Expectation of having privacy in a public place is just ridiculous.

2, 3 and 4 will come under harassment and you can request for the video to be taken down and even sue for damages, but you will have to prove that.
 

powervgx

Disciple
Shooting videos and clicking pictures is completely legal in many countries and if someone tries to harass the photo/videographer then he may find himself in trouble legally. The rough idea is, if you are out in public then you have withdrawn your right not to be seen. The photographer has no obligation to blur your face. Haven't you seen newspapers where they post random pics of people with random captions. It is happening since ages. The legality comes into play when your picture or video is used in a commercial video. Here the rules are different. Even the picture of a property cannot be used without permission.
For recognizable people and property, you need a model/property release license. Editorial release is good for information and education stuff but if you want to advertise your chocolate, then the smiling girl must have signed a model release form or else there is legal trouble.
In a nutshell, if a person is making a vlog, documentary, news etc then he can use your images and videos of you being in public without your consent.
If the same person is making an advertisement of some product then he cannot use your picture or even the picture of your house or your car without your written permission. Then there is something called fair use where a person may be able to use copyrighted content without the permission of the author but there are some restrictions and guidelines to it too.
 

booo

BA BA BA BABANANA
Skilled
So what about a situation if your snap/shoot is used commercially without your permission ?
I did take some classes in street photography @ university of sydney and we had this discussion extensively.

usually it depends which country you are doing. countries like australia and usa, you can shoot anyone in public space and use it commercially. if they ask you to delete the picture/video you can deny. if they call cops you can challenge cops. it is common courtesy to offer to blur/delete but you can stand your ground.
it completely flips around if you are in private spaces like restaurants/shopping malls/theme parks etc… you can easily get arrested.

photographing children/minors is very touchy subject though. even if you are in usa/australia… don’t do it.

on the other hand the laws in india are very blurry. i heard people got arrested taking photographs in public places. may be is legal but nobody has got time to go to courts. do the same in uae, you may get hanged publicly.

about taking pictures of properties, if you do it from public place you can totally use it commercially. my instructor talked about standing your ground when someone challenged. and then we would go to downtown sydney to take pictures of graffiti etc. but we’re also warned about personal safety when doing night photography in sketchy back alleys. in usa, i would definitely carry.

btw, one of the famous photos of Henri Cartier-Bresson’s is of prostitutes.
1630347211454.jpeg
 
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ibose

Patron
I have done some photo shoots in Indian villages and each time we took permission before shooting an individual. It is just a basic courtesy even when I know that they will not object.
I recall the case of a friend many years back, where a Durga puja snapshot of his mother ended up getting used by Big Bazaar in a few hoardings. They sued and got a good amount by way of damages.
 

nRiTeCh

Skilled
1) How are you secluded in a public place. Expectation of having privacy in a public place is just ridiculous.

2, 3 and 4 will come under harassment and you can request for the video to be taken down and even sue for damages, but you will have to prove that.
I already said "Not sure"
1) People do prefer privacy in public places and some people do respect it.. kissing for example though not in India. In India like countries: ridiculous, in others: respected, but if ones privacy gets invaded even in public (secret shoot or deliberately knowingly/or by perverts etc) it can account for legal action!
2) By the time one enjoys the fame and glamour and only after reaching home he/she recounts about the incident which shouldn't had happened etc. possibly too late to react and trace..and request to take it down or sue..
3) Publicly portraying false info. about someone...
4) using someones name/identity in public for self-promotion etc. without their consent.
 
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xkcd0137

Adept
Well, the discussion has turned much broader. Me likey!

So what about a situation if your snap/shoot is used commercially without your permission ?
..or let me put up a hypothetical situation where I am filmed with my mistress and this video ends up getting used by my wife as a proof in court against me. This is very dangerous legally, imo. Any opinion?

disclaimer: I am not married. :D

I guess in public places we give up the right to be not-seen but what about our right against being recorded?? Nowadays, big tech are also including right to be forgotten, right?
 

booo

BA BA BA BABANANA
Skilled
So what about a situation if your snap/shoot is used commercially without your permission ?
Well, the discussion has turned much broader. Me likey!


..or let me put up a hypothetical situation where I am filmed with my mistress and this video ends up getting used by my wife as a proof in court against me. This is very dangerous legally, imo. Any opinion?

disclaimer: I am not married. :D

I guess in public places we give up the right to be not-seen but what about our right against being recorded?? Nowadays, big tech are also including right to be forgotten, right?
let me give you some examples, Steve McCurry is a very famous photographer.
you will recognize him from his famous pic. you can buy this pic for $18000

As of today, you can buy this picture for $7000

And this pic for $8500

These examples are specifically chosen based on the places where they were taken and how they are commercial works.
 
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