What gives, Magnum?

This is a very complex matter, it differs between national legislations (a big issue in Europe with neighbouring countries so near).
But there are also most tricky, not foreseeable legal excemptions in seemingly most plain freedom-of-photography situations.

AgX said:

This is a very complex matter, it differs between national legislations (a big issue in Europe with neighbouring countries so near).
But there are also most tricky, not foreseeable legal excemptions in seemingly most plain freedom-of-photography situations.

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How do these European countries deal with American tourists bearing camera gear? Are they being hassled? Tourism is in enough trouble because of Covid. They wouldn't want to turn off Americans by creating problems for them because they want to shoot Europeans or sights on their trips. I'm planning a trip there with my wife. Should I leave my cameras at home?

No, but don’t be surprised if someone gets upset by your pointing a camera at them. Kinda like in the states, but you are at fault there. Use good judgment and don’t act like the stereotypical American tourist.

Pieter12 said:

No, but don’t be surprised if someone gets upset by your pointing a camera at them. Kinda like in the states, but you are at fault there. Use good judgment and don’t act like the stereotypical American tourist.

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It's true. Europeans bear no reflection and can only be invited into your home.

Paul Howell said:

Taking a picture in a public place is not illegal, selling the image of a person without permission is illegal. If the event or person is news worthy, then it can be sold without permission.

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Selling pictures of people without their permission is NOT illegal in the United States as long as it is being sold for editorial or fine art purposes. Editorial means journalism or documentary photography.

What is illegal is selling photos of people for commercial uses, which the law defines as things like advertising and product packaging.

Alex Benjamin said:

Magnum is getting to be a huge embarrassment to the photo community. Amongst other things, there's their involvement with the promotion of unethical photographs which @duckrabbittblog has documented on Twitter, and also, recently, the promotion of these terrible and exploitative picks of what they call "overlooked" people by Bruce Gilden.

I really don't get where they are going.

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What you unwilling to understand is humanitarian aspect of BG photography. He takes photos of unusual people and brings them close to us, to show what they are humans.
And you are not aware what some of his portraits are taken with total consent and even not at the same day, but on arranged time later on.
BG photograph people he was living within, around. He is insider telling us truth. But many hasn't gown to accept it.

Magnum are not cancel culture media. Magnum shows life as it is, no politcorrectness a.k.a as "progressive" dictatorship. So called "progressives" and last people I accept to tell what is unethical.

But I understand your POV, QC is not really tolerant territory.

MattKing said:

I'm sure it is imprudent.
And against my principles as well, if I did it without at least engaging with the subject and confirming their agreement.
I'm not sure that it is always unethical, but ethical issues should be addressed.
But I can't think of any reason it would be illegal, although in places like Germany or Quebec where there are special, more restrictive statutes that deal with privacy rights, claims for damages might arise.
As for the model release, they tend to be required by publishers, because they protect publishers from potential litigation, but their main advantage is that they confirm consent.

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In QC you only need MR if your photo will be for commercial use.

awty said:

Bruce Gilden's work is great as is most of the photographers in Magnum group.
I don't need someone telling what to like.

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+1.

To me OP represents something I have encounter in Montreal, QC. Some new Canadians would jump on me and demand what I can't take their picture. Even if I did not took their picture at all. They just draw their false assumptions by seeing me taking pictures on the street. But I often think they might not want to be seen on pictures for big reason. Many are real refuges, who are still afraid to be allocated.

Yet, I enjoyed Montreal always during my years spend on its streets after work with camera. Majority is just as everywhere, if you are open to them they are open to you.