Photographs of nudists

[Bushnud2]

Can anyone state the legal position regarding taking pics of nudists:

- on a beach
- at a nudist resort/retreat

Does the photographer have to seek permission?
Is being on/in a nudist beach or a nudist resort/retreat giving consent?

In another Australian Forum it is suggested that:

- the above are public places and exempt from permissions
- that people object to being photographed without asking for permission
- that people who willingly pose for a picture have therefore given consent
- that a magazine photographer wearing magazine accreditation who invited people to pose for a pic for his magazine assumes that people in the pic have given consent to publication in that magazine

All the above is causing much debate in an Aussie Yahoo group, particularly after said official magazine photographer took some pics at a group Christmas Party and then some people changed their minds and withdrew consent later.

There must be some clear guidlines on this issue. Can anyone, nudist or not, take pics of people anywhere they want?

[Naturist4Ever]

(disclaimer: the following is how _I_ understand the rules are wrt to people photography)

>> on a beach
>> at a nudist resort/retreat

A beach is a public place; a resort is a private place which can impose their own additional rules such as NO PHOTOGRAPHY. This does not necessary have to relate to people, but could also apply to buildings, etc.

In a public place technically it is irrelevant whether it is about nudists on a nudist beach or anything else. As long as people "happen" to be in the background (i.e., they are not the subject of your pictures) you do not have to ask permission. If they ARE the subject you have to ask permission (except if not recognisable (say, from the back) celebrities, royalty and people in the public news etc)

>> that a magazine photographer wearing magazine accreditation who invited people to pose for a pic for his magazine assumes that people in the pic have given consent to publication in that magazine

Now, here is the big thing: in order to PUBLISH your pictures you MUST have a signed release form (you find them on the net). Naturist magazines etc should not accept pictures without release forms! (although some do!!) A photographer doesn't have to wear anything, many photographers work free-lance. But without a signed release form he is not allowed to have your pictures published or reproduced. Release forms can be very specific (e.g., only for publications in AANR published material), or not.

Of course, there are many pictures in circulation which never had any release forms, or even where the persons pictures were never asked. It happens. But it should not be like that.

>> after said official magazine photographer took some pics at a group Christmas Party and then some people changed their minds and withdrew consent later.

Consent HAS to be on paper. Once given, and the pictures taken it is too late I think. Without a signed consent (release form) a photographer cannot publish these pictures
Remember that the photographers OWNS the pictures, not the people who are on it.

>> Can anyone, nudist or not, take pics of people anywhere they want?

No, see above.

[NakedGary]

Not sure of any laws or regulations in Australia, but in the U.S. its safe to ask permission before taking pictures of nudes in public areas such as nude designated clothing optional beach FOR PERSONAL USE ONLY.

No one should assume any privacy being nude in a public area, and there is no restrictions taking pictures of others nude or not on public property.

A photo release should be filled out and signed by the subject on any pictures used commercially, or for publication in print or the Internet or for monetary gain or business.

Downloadable Flyer on Photographers Rights:


http://www.krages.com
http://www.krages.com/phoright.htm
<O:phttp://www.krages.com/ThePhotographersRight.pdf (http://www.krages.com/ThePhotographersRight.pdf)

<O:p
© Bert P. Krages II, Attorney at Law

[usuallylurk]

One thing to remember about private nudist - naturist - nude recreational gatherings ....

Photography is **generally** prohibited. If you're venturing to a nude resort or club, leave your camera in the car or at home.

Some clubs will allow you to photograph members of your own party, with strict controls (club owner next to you, etc.)

And if you're calling a nudist park or group for the first time - don't ask "is it OK if I bring my camera?" It isn't. Keeping in mind that the screening process begins when the person on the other end of the phone says "hello", it is likely one of the most inappropriate questions to ask.

[FishyDave]

One thing to remember about private nudist - naturist - nude recreational gatherings ....

Photography is **generally** prohibited. If you're venturing to a nude resort or club, leave your camera in the car or at home.

Some clubs will allow you to photograph members of your own party, with strict controls (club owner next to you, etc.)

And if you're calling a nudist park or group for the first time - don't ask "is it OK if I bring my camera?" It isn't. Keeping in mind that the screening process begins when the person on the other end of the phone says "hello", it is likely one of the most inappropriate questions to ask.
This was one of the things that always used to hack me off about naturism when we first started out. We assumed a 'no photo' policy was the norm wherever we went, and accepted it. The problem was that we never came home with any holiday snaps to remember the trip by.

Once our little 'un turned up, I was determined that naturism wouldn't stop me from visually documenting our holidays as we'd expect to be able to if we weren't naturists. I want to capture the special moments of his growing up as and when they occur, and I have no shame in carrying a camera around a naturist club and using it as and where I see fit. I make sure that it's obvious that I'm taking pictures, and equally obvious that nobody is in the frame without appropriate permission. I've yet to see anyone have a problem with it.

As I see it, nudist/naturist photography etiquette (for personal use) should be quite simple: No photographs to include any adults without their express permission, no photographs to include minors without their parents' express permission, and these 'rules' to apply regardless of whether people are clothed or naked. Generally speaking, that means taking photos of me and mine, and some of our close friends and their kids, which I share with them afterwards.

[NakedGary]

http://photography.about.com/b/2008/01/04/photography-confrontations.htm

http://photography.about.com/od/copyrightinformation/ss/PhotoRights.htm

[nudenwv]

yes! this was one thing i disagreed on when we visited our first nudist resort. i wanted so bad to share with others where we have been. after asking around i was told the resort had their own photographer and she would be happy to take some photos of me. i asked for her and off we went. i do hate the fact there are some good times missed while camping (you know, the kodak moment)! but too i understand that with different job levels no one wants to be accidently noticed. i do need new pics taken. any volunteers? you have my permission. i know we have some great photographers here!!

[Agde]

Consent rules should be the same whether people are clothed or unclothed.

The advent of digital photography has made it easier in situations of potential conflict. In the old days, nobody really knew what it was on the film that they were consenting to. Now, you can actually show them, before consent, that you have captured a beautiful or interesting image. Rather than banning cameras outright, naturist resorts might want to consider just reviewing photos before departure -- establishing perhaps the absolute right of reviewers to delete any images felt objectionable.

Whatever the law, the bottomline for photographers is to be conscious and respectful of people who appear in their photos. For instance, I have been in famine situations where it was really important to capture disturbing images for public awareness and action, but when taking the photos, it is nevertheless important to establish a rapport with "subjects" so that they know they are not being treated as "objects."*

There is rightly a huge distinction between informal photography (eg. holiday memories) and photography for publication. Professional photographers are highly aware of consent rules.* Image posting on the internet however has blurred this. I believe that the internet should be treated as publication under current time-tested rules. Only in cases where adequate technical measures are in place to limit access explicitly to known individuals should photos be treated as unpublished and private. I know that means a lot of people have to learn the rules, but that is the responsibility of any publisher.

There is a curious similarity between the underlying consent rules for photography and for nudity. It might be good to harmonize them. For example, if members of the public have very limited scope of privacy rights and consent requirements regarding photographers in public places, then they should have similarly limited scope to impose private norms and require consent regarding naturists in public places. :)

(*Note: "paparazzi", "celebrities" and "public figures" is a separate topic.)

[walter05]

Any images of children will be more difficult legally.

If someone takes pictures of children, without the parents consent, that person is very vulnerable.

If those pictures are distributed, that person will probably be in prison or at least on sex offender's registry for lifel

[usuallylurk]

yes! this was one thing i disagreed on when we visited our first nudist resort. i wanted so bad to share with others where we have been. after asking around i was told the resort had their own photographer and she would be happy to take some photos of me. i asked for her and off we went. i do hate the fact there are some good times missed while camping (you know, the kodak moment)! but too i understand that with different job levels no one wants to be accidently noticed. i do need new pics taken. any volunteers? you have my permission. i know we have some great photographers here!!

I guess what it comes down to -- when you visit a nudist resort or gathering, there is a high expectation, you are not there to be photographed. People get very antsy over being photographed in the nude. My wife and I do.

The best way to handle that? Have a club photographer as you did.

At Eastover, there's a lot of photography going on - BUT -

- only authorized TNS photographers can shoot

- when pictures are taken of groups, etc., the group is asked - "Is there anyone who objects to being photographed? Please raise your hand." And the photographer moves or shoots around you. It still is an inconvenience.

The nudist "bad lists" are full of names of people who were caught taking unauthorized photos at nudist clubs and gatherings.

The restrictive rules are in place for the comfort of those visiting the resorts or clubs or gatherings. They're easy to live with.

[Yasehtor]

We live in Atlantic Canada and go to lots of beaches in the area where there is lots of space and taking photos is not a problem. If other happen to be around either we only take pictures that include them if we have permission. Generally we limit photos to ourselves. Some resorts will allow photos with permission during non-busy hours, but generally it is better to just keep the camera in the bag.

[nakedstudent]

I think anyone taking pictures in any setting should realize that it's creepy to take pictures of a perfect stranger... clothed or not... without consent. I love photography, but taking pictures of random people without consent makes you look like a) a pedophile or b) the type of person who has no business on a nude beach or at a nude resort.

[Bob S.]

nakedstudent:"I love photography, but taking pictures of random people without consent makes you look like a) a pedophile or b) the type of person who has no business on a nude beach or at a nude resort."

I agree with your second statement, nakedstudent, but the first one only applies if your subjects are children whom you do not know. If you were snapping away at Hippie Hollow, no one would accuse you of being a pedophile.

Bob S.