Q: as a photographer can photos of people in a public space be added to my website without the permission of the person?

A: As a photographer, you generally have the right to take photographs of people in public spaces without their permission. This is based on the legal principle that there is no reasonable expectation of privacy in public places. However, there are some important considerations and potential exceptions to keep in mind when it comes to using those photos on your website:

1. Commercial use: If you plan to use the photos for commercial purposes, such as advertising or selling them as stock photos, you may need to obtain a model release from the identifiable individuals in the photos. This is because using someone's likeness for commercial gain may infringe upon their right of publicity.

2. Editorial use: If the photos are used for editorial, educational, or informational purposes, such as in news articles or blog posts, you generally do not need permission from the subjects. However, it is good practice to ensure that the photos accurately represent the situation and do not present individuals in a false or misleading light.

3. Sensitive or private situations: Even in public spaces, if you capture someone in a sensitive, embarrassing, or private situation, it could be considered an invasion of privacy to publish those photos without permission.

4. Private property: If the public space is actually private property, such as a shopping mall or a park owned by a private entity, the property owner may have the right to restrict photography on their premises.

5. Minors: Some jurisdictions have specific laws or restrictions regarding the use of photos of minors, so it's important to be aware of any such regulations in your area.

To minimize potential issues, you can consider blurring or obscuring the faces of individuals in your photos if they are not the main focus of the image. Additionally, it's always a good idea to consult with a local attorney specializing in photography and intellectual property rights to ensure you are complying with the laws in your specific jurisdiction.