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That is a Western question for sure! The laws are weak in Japan where relationships are strong. As long as you're not obviously offending anyone you're probably OK. Smile, be polite and don't take the shot if too many people are staring at you! Other than that you are probably OK!
Posted 42 months ago.
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William George [deleted] says:
Thanks.
I was in Korea for the longest time and if you were in public, you were open game. But you know, best not to assume...
Posted 42 months ago.
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I've been given the "no" sign at a government building, in a department store and in front of a police station. People on public streets were never a problem.
Posted 42 months ago.
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I agree with chopper. 99% of people on the street will ignore you, or if you ask in Japanese, will actually stay in frame for you. Just don't poke it into and around official buildings. Nothing will happen if you do, they will just say: DAME!
Posted 40 months ago.
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I was planning to start a discussion on just this topic.
I was showing a candid shot I took on a subway to a group of students the other day. I pointed out my reflection and mentioned I was looking away as I snapped the picture so I wouldn't draw the attention of the subjects. The students all insisted I was breaking a privacy law by taking a photo without the subjects' knowledge and/or consent. They even mentioned the name of the law they thought I was breaking. It sounds like utter nonsense, but Japan does have quite a strange idea of privacy.
Do any Japanese in the group have any knowledge of laws protecting people from candid photography?
-Alan
Originally posted 40 months ago.
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TheAmazingShrinkingMan edited this topic 40 months ago.
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I too wondering how the laws in japan really says.
At these days there is much talking and fear of public photographs. What if someone takes photograph, it ends to the internet and some pervert or other criminal uses the photograph for doing someting nasty?
Cut face from picture and embed it in the body of the naked people?
etc.. The list of fears is endless.
I have heard lot of comments about my street pictures and even scenery pictures of japan. If they include people that can be recognized, I am in responsibility of all that might happen to people in the photograph.
At least, that is what my japanese friends thought.
But no one haven't yet responsed to me is it really the law issue or some other. Is it only the one way of japanese 'honor and responsibility' culture that just happens to sound weird to me as I am grown at europe?
I have even warned by friends that not carry camera on the neck or hand when I am at the train or escalator. The people, police or guard might thing that I am going to take candid shots of woman panties!
I haven't even thought such possibility before. But later I heard stories how someone with camera has been taken out of the train because someone thought that he had taken photographs...
Where to get real information? Japanese friends aren't photographers so they do cannot refer to any facts, only to rumours or stories told in television (which are way exaggarated in japan).
Posted 38 months ago.
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Yeah, sounds like paranoia to me. Kind of ironic in a world where people are broadcasting their thoughts moment to moment on sites like Facebook, Mixi, and Twitter.
Though obviously it's a good idea to be aware of what might be interpreted as creepy/suspicious behavior on the train.
Posted 38 months ago.
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Been in Japan for years. Japan have a weird idea about privacy and human rights. You can photo anyone as long as it is not indecent and some place may have laws banning photos. Some are just rules, which you may ignore if you feel they are stupid,.
Take photos of what you like i say, as a foreigner i have had many (usually kids) take photos of me on their phones so it works both ways.
I am starting to do small (low quality) videos in Japan on You Tube and some is in place where it's banned. Will be adding refulary, please look:www.youtube.com/steve666b
Posted 36 months ago.
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Phot-hog [deleted] says:
It's a really good question. I don't think many people really know for sure. I am guessing that the law does not protect privacy to the extent that the popular imagination would like.
I remember taking a shot in a park which included a man looking leisurely off into space as he puffed on his cigarette. He noticed me shooting and came up to say - in English no less - that he had his "rights" and that I was not to use his photograph.
Venders don't want their goods photographed, particularly if they are trendy, and I am talking about goods displayed on the side of public walkways in full view, not shop interiors. Whenever I am told to stop taking pictures of some mannequin or crazy display, I ask why not. No one can give an answer.
Then there was the young woman who worked for a pachinko parlor who told me to stop taking pictures of customers waiting for the parlor to open. I was shooting from considerable distance behind them and not a single face was visible to me. She said I should not be photographing "private individuals," and seemed just to be making the rule up off the top of her head as she spoke, thinking, I suppose, she was performing some noble service for the customers who were totally unaware of me.
And yes, as already mentioned, there seem to be a good many dirty minds at work, assuming the utter worst of anyone with a camera, reflecting the influence of the media which relish filth and scandal because they can drive up their ratings with them.
Once upon a time Japan was really a fun place for candid shots. The digital age has promoted a new sense of empowerment somehow, with more people imagining they are being preyed upon for this bit of information and that, thus all these vague claims about "rights" - yet once they step into places like Disneyland they are probably ending up in a gazillion photos by accident, blissfully forgetful of their usual photo anxieties.
It is utterly nonsensical and bizarre.
Originally posted 33 months ago.
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Phot-hog edited this topic 33 months ago.
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I'm totally clueless on this matter but I do notice many Japanese forums having a sense of discretion when it come to posting pictures that include random people on the background...They are always covering the faces with mosaic which is due to protecting these people's privacy and anonymity...So I figure it's not always offending to take a picture but you should also be really careful with the latter usage of the picture..You never know when you might upset some person that happened to be caught on your camera and they find themselves or were found online(...far-fetched but yeah..)
Originally posted 33 months ago.
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n66x edited this topic 33 months ago.
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Some of my guidelines here:
www.flickr.com/photos/alfiegoodrich/sets/72157610215209937/
Posted 33 months ago.
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William George [deleted] says:
Those seem good. I gotta make up some non-poo business cards.
Posted 33 months ago.
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Not only the law in Japan is weird. Actually privacy law is something under some civil code and information (like taking pictures and use it for information or art) is under another type of law from a different code. That's how it is in France and apparently in a lot of countries.
But you don't have to make people sign a paper to let them using their picture. There is something that says if you had their speaking approbation, it is enough (but how prooving it ?).
That's why usually I have people posing for me and ask them their email address so I can send the shot or giving them my business card. At least they know.
aliceetpeterpunk.blogspot.com/search/label/+ Photographers Rights
I don't exactly know how it is in Japan though and if someone specialized in information and civil rights in Japan could answer we would feel better I guess !
Cheers,
Valerie
Posted 31 months ago.
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see this, very interesting
tonymcnicol.com/2009/01/26/photography-in-japan-what-are-...
Posted 30 months ago.
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There is no law in Japan regulating photoshooting of people in public, as far as I know. But, of course, there is a description about human's basic rights in the constitution. There is also a constitutional right of free representation. So the conflict is between the basic human right and the right of free representation. Again, there is no clear law, and I believe there should be no law about this, since it is so subtle. My understanding is whether the subject feels happy or infringed. I think it's ok If you do not use the photo with any malicious feelings to accuse the act. But be careful, because people have become more sensitive these days because of the personal information protection law.
Posted 29 months ago.
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I asked my company's legal counsel if she can ask her friends this question. I'll post the answer she gives me.
I think it really comes down to how you approach people and situations when you photograph them.
Posted 28 months ago.
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It's interesting topic.
I remember reading a news article about man taking photo of a woman in train using his cellphone. The woman complained to the police and the man got arrested, because there is apparently a law in Shizuoka which says that "you shouldn't bother other people" and apparently taking photo with a cellphone fell into that category.
My question is that can visual appearance of a person in photo be considered as personal info, according Japanese law?
In my understanding no, because people are shot all the time in public places with security cameras, video cameras and still cameras.
Posted 2 weeks ago.
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