Photography in a Public Place
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Photography in a Public Place is a common practice for many photographers, whether amateur or professional. However, it is essential to understand the legal implications related to capturing images of people in these spaces.
Image Rights in France
In France, image rights are protected by Article 9 of the Civil Code, which states that “Everyone has the right to respect for their private life.” This means that any person has the right to oppose the dissemination of their image without their consent, even if the photo was taken in a public place.
Exceptions to Image Rights
There are, however, exceptions where capturing and publishing images is allowed without prior authorization:
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News events or public demonstrations: Images taken during newsworthy events or public demonstrations can be published without consent, provided the dignity of the people depicted is respected.
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Public figures: Public figures, such as elected officials or celebrities, may be photographed in the course of their official duties or professional activities without their consent.
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Artistic use: In the context of artistic creation, certain works may use images of identifiable persons without their consent, provided the work has an artistic character and does not harm the dignity of the person portrayed.
Precautions to Take When Photographing in a Public Place
To avoid any violation of image rights, it is recommended to:
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Obtain written consent from the photographed individuals, especially if they are recognizable and the image will be publicly shared.
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Blur or obscure the faces of identifiable people if their consent has not been obtained.
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Avoid photographing people in private or embarrassing situations, even if they are in a public place.
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Inform people that you are photographing them, whenever possible and appropriate.
Distribution and Use of Images
The distribution of images taken in a public place is subject to the same rules as those taken in a private place. Before publishing or sharing an image, it is essential to:
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Verify that the photographed person agrees to the use of their image.
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Obtain written authorization if the image is used for commercial or advertising purposes.
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Respect copyright and related rights when using the images.
In Case of Dispute
If a person believes their image rights have been violated, they can:
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Request the removal of the image from the photographer.
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Contact the website or social network to request the deletion of the image.
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File a complaint with the competent authorities if the removal request is denied.
Conclusion
Photography in public places offers many creative opportunities, but it requires a thorough understanding of image rights and respect for privacy. As a photographer, it is your responsibility to stay informed and comply with current laws to avoid infringing on individuals’ rights.
Jérémy Carlo is the editorial director at Rétines, where he ensures the consistency and clarity of all content produced by the studio. His role goes beyond writing—he shapes the tone, structures the messages, and upholds a precise, demanding editorial line that stays true to the identity of Rétines. With a background in visual communication and solid experience in content strategy, he bridges the technical world of photography with clear, no-frills writing.
Jérémy works closely with photographers, art directors, and the commercial team to make sure every word published serves the image, the message, and the brand. From blog articles and client presentations to social media posts and internal documents—everything is filtered through his attentive eye. His strength lies in making complex ideas accessible without oversimplifying, and in highlighting the studio’s work without relying on unnecessary superlatives.
Through his writing, Jérémy helps Rétines exist beyond the image—by giving context to projects, emphasizing the thinking behind each shoot, and bringing to light the technical and aesthetic choices that drive each photograph.
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01
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03
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