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Right to Photograph a child in a Public Place
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Aug 19, 2017 17:42:57   #
tatala Loc: New Jersey
 
Right to photograph a child. I was at a car show in a main street in a town and I photograph a child standing in the street and the mother came up to me and asked me to delete the picture of her child. I than proceeded to explain to her that it was a public place and I was allowed to take all the photos I wanted as long as I didn't use then for a monetary gain.
I might enter her son's picture in a photo club's private competition if it turned out to be good enough in which the reward is a ribbon if it wins. So I was not willing to delete it. She than called over the police who kept me retained for about an hour to see what was to come of this matter and they finally said I had two alternatives. Delete it or give them the camera or be arrested. I really thought I was within the law and I didn't have to delete it but I didn't have much choice here since I didn't want to be arrested and they said my picture would be in the paper and all the pictures I had taken for the day at the car show like 350 including maybe 30 other children would be deleted. What are your thoughts on this? What is the law here? Thanks.

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Aug 19, 2017 17:59:29   #
lotusb3
 
I have no idea what the law is but if she had kidnapped her child .... or if she was trying to keep said child from a parent this could get nasty. You have to be careful about those people who are under a given age when you take their picture.

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Aug 19, 2017 18:15:07   #
Rongnongno Loc: FL
 
You are wrong. Regardless of where you are each individual* has a right to his/her image. The mother was right, you were wrong.

The only time where you can take images of anyone w/o them consenting in a public place is when you do not make any effort to isolate the subject. You did exactly that: Isolate the subject.

Then why the hell did you want a picture of her son? Because you have a contest? Are you nuts?

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* Or legal guardian in this instance the mother.

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Aug 19, 2017 18:24:37   #
dancers Loc: melbourne.victoria, australia
 
I don't know the law, but I would be furious if you "shot" me in the street. I am a long was past childhood.

here cameras are forbidden in our local shopping Mall.

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Aug 19, 2017 18:29:19   #
gsmith051 Loc: Fairfield Glade, TN
 
That was covered in a course I took but I've forgotten what the law states about photographing a minor. For me just plain good common sense is used. It depends on the event. I've shot photos at a sports game with no problem. At a swimming pool you couldn't pay me to shoot someone's kid without their permission. And if any parent asks me to delete a photo of their child no matter what the law states it would be done promptly.

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Aug 19, 2017 18:32:24   #
cedymock Loc: Irmo, South Carolina
 
First off you have no right of privacy in a public place.

This may help answer your queston

https://www.clickinmoms.com/blog/street-photography-and-the-law-7-things-you-need-to-know/

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Aug 19, 2017 18:43:28   #
JohnSwanda Loc: San Francisco
 
Rongnongno wrote:
You are wrong. Regardless of where you are each individual* has a right to his/her image. The mother was right, you were wrong.

The only time where you can take images of anyone w/o them consenting in a public place is when you do not make any effort to isolate the subject. You did exactly that: Isolate the subject.

Then why the hell did you want a picture of her son? Because you have a contest? Are you nuts?

-----
* Or legal guardian in this instance the mother.


This is nonsense. Can you cite the law that says it is illegal to photograph people in public if you isolate them? I've seen a lot of discussions about this subject, but that's the first time I have heard that.

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Aug 19, 2017 18:57:07   #
Shellback Loc: North of Cheyenne Bottoms Wetlands - Kansas
 
Let them arrest me- when I am done with them in the courts, even after the lawyers cut, I can retire in the lifestyle I want to become accustomed to.

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Aug 19, 2017 19:22:54   #
Rongnongno Loc: FL
 
JohnSwanda wrote:
This is nonsense. Can you cite the law that says it is illegal to photograph people in public if you isolate them? I've seen a lot of discussions about this subject, but that's the first time I have heard that.

Yes, well, try it.

The cops in this instance were involved. They made the guy wait until they knew what to do. The answer they receives allowed them to say:
Delete the capture, surrender the camera or get arrested.

Common sense and decency did not apply for the OP creating this thread. Instead the guy comes here to vent over his own disturbing behavior. You have to be a nut case to create an incident over this carp.

There is nothing illegal to capture a public scene with folks in it. It is illegal to isolate a person w/o their consent for any reason. We all have a minimal expectation of a right to privacy with an exception: If you are a public figure celebrity, politician or anything like that. This has been tested in court of laws time and time again. Guess who lost?

By the way, if you pay the person (as many street photographer do when shooting some folks) this is another story altogether as the case may become more complex as the guy purchases the right to take a picture, not to exploit it as there was no release form signed. Something many folks select to ignore.

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Aug 19, 2017 19:24:25   #
Rongnongno Loc: FL
 
Shellback wrote:
Let them arrest me- when I am done with them in the courts, even after the lawyers cut, I can retire in the lifestyle I want to become accustomed to.

Good luck with that.

I do not understand why you have not done so already if you believe this a get rich quick scam.

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Aug 19, 2017 19:24:29   #
DaveO Loc: Northeast CT
 
Maybe some irate father will place your camera in an area you never thought possible and you can argue about your rights all the way to the emergency room.

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Aug 19, 2017 19:59:49   #
cedymock Loc: Irmo, South Carolina
 
Do I need permission before I take someone’s photograph?
Not at all. There are no laws preventing photography of people, children, buildings, objects or anything else in a public place, or in any place open to the public where photography is not expressly prohibited. There is no expectation of privacy in a public place. But don’t be a pest, and don’t get in anyone’s way or cause an obstruction – if you’re overly persistent you could face a harassment charge (most usually this will be the province of the more aggressive realms of the paparazzi).

http://lindsaydobsonphotography.com/blog/photographing-people-and-children-in-public-places/

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Aug 19, 2017 20:01:43   #
JohnSwanda Loc: San Francisco
 
Rongnongno wrote:
Yes, well, try it.

The cops in this instance were involved. They made the guy wait until they knew what to do. The answer they receives allowed them to say:
Delete the capture, surrender the camera or get arrested.

Common sense and decency did not apply for the OP creating this thread. Instead the guy comes here to vent over his own disturbing behavior. You have to be a nut case to create an incident over this carp.

There is nothing illegal to capture a public scene with folks in it. It is illegal to isolate a person w/o their consent for any reason. We all have a minimal expectation of a right to privacy with an exception: If you are a public figure celebrity, politician or anything like that. This has been tested in court of laws time and time again. Guess who lost?

By the way, if you pay the person (as many street photographer do when shooting some folks) this is another story altogether as the case may become more complex as the guy purchases the right to take a picture, not to exploit it as there was no release form signed. Something many folks select to ignore.
Yes, well, try it. br br The cops in this instanc... (show quote)


I think the cops were dead wrong in this case and the OP might well have grounds for a lawsuit. Cite me a case where someone was found guilty for shooting a person "isolated" in public. Not because of the way the photo was used, but just shooting the photo. if it is true, I guess many of our greatest street photographers were outlaws.

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Aug 19, 2017 20:03:35   #
DaveO Loc: Northeast CT
 
Yup, it takes all kinds to make the world go round.

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Aug 19, 2017 20:05:40   #
tatala Loc: New Jersey
 
To me I believe whatever the law is that is what I have to go by. Keep in mind there are cameras posted everywhere so we all are photographed every second where ever you go. I was using the photo with no evil intentions and would normally have deleted it if asked nicely. I guess I was testing the law and what it was exactly so I knew how to act in my street photography. Even the police didn't know what to do here, it took them over an hour to come up with an answer. I believe the mother after, thinking things over, was hiding the child, from the real father because she was white and the child was black and she was with a white man who could care less that I took the picture. From that point on I figured I just got permission before I took any pictures of a child but I still would like to know the law? Yes you can be a nice guy and delete any picture but that isn't telling me what the law states! Yes I have deleted many pictures that people have requested me to do but I like to tell them what the law is at the same time and than if they still want it deleted I do it.

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