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  • In Spain, all rights to your image are yours. Which means photographers need to get consent from subjects - although this doesn't have to be written down: if they smile into the camera, that's consent (being aware and acquiescing in the photo being taken, basically , is consenting).

    There are exceptions to this:

    • Taking a photo, in public, of a public official/public figure/someone engaged in a 'notorious' profession doesn't require consent
    • Taking a photo of an event or occurrence to which the photographed person is merely an accessory

    These exceptions, as I understand it, are intended to carve out a space for photojournalism (in which street photography can exist as well - but more Gary Winogrand than Bruce Gilden, if you see what I mean).

    Complicating things further, you don't need permission from people who happen to be in your picture if you're taking a photo of a building. But you may need permission from the building's owner if it's something iconic and not publicly owned.

    PS - this is all for Photography with a capital P. For 'mere photos' (ie snapshots) I think you're generally fine.

    PPS I haven't lived in Spain for a long time, if anyone is more up-to-date than me I'll happily defer to them.

  • You're somewhat welcome ;)

    I've just remembered there was a court case involving a street photographer whose book was allowed on artistic grounds, but I can't find it on google so I'm unsure if it was in Spain or France - given the two have similar rules I may have misremembered the book as being Spanish when it was actually French.

    Here's a column from Spanish broadcaster ABC specifically on street photography - http://www.abc.es/tecnologia/electronica-fotografia/20130721/abci-frontera-legal-fotografia-201307181702.html

    It acknowledges that street photography specifically is legally ambiguous in a way that documentary photography isn't, but suggests you can get away with an artistic expression defence if challenged.

    That's why I suggest that Spanish law favours Winogrand's style more than than Gilden's style - Gilden would be hard pressed to say his photos are of anyone other than the subject he's just got up close and personal with and flash-gunned. Winogrand's photos are of people existing within a context, generally, even if that context is just nice light or interesting geometry - that fits in the 'occurrence' exception (the Spanish is 'acaecimiento', which is literally just stuff that happens - it doesn't have to have any socio-cultural importance to count).

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