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Right to Photograph a child in a Public Place
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Aug 19, 2017 20:13:20   #
bdk Loc: Sanibel Fl.
 
My photography instructor gave a class on the law and shooting in public. He said you can shoot anyone and anything you want. Use it to make money, use it to insult,harm a person and you can find yourself in deep water. With that said, If she asked I wouild have deleted it on the spot. .. I dont shoot children , unless Im asked or if I ask first.

I certainly would find the law, copy it, send it to the officers chief and explain the situation and how he needs to enlighten his officers.

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Aug 19, 2017 21:21:58   #
JohnSwanda Loc: San Francisco
 
bdk wrote:
My photography instructor gave a class on the law and shooting in public. He said you can shoot anyone and anything you want. Use it to make money, use it to insult,harm a person and you can find yourself in deep water. With that said, If she asked I wouild have deleted it on the spot. .. I dont shoot children , unless Im asked or if I ask first.

I certainly would find the law, copy it, send it to the officers chief and explain the situation and how he needs to enlighten his officers.
My photography instructor gave a class on the law ... (show quote)


There may not be a law that specifically allows you to photograph people in public. It's just that there isn't a law against it. I would have asked the police what the charge would be if they arrested me. They could have just been bluffing to make the OP delete the photo and make the mother happy.

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Aug 19, 2017 21:48:38   #
via the lens Loc: Northern California, near Yosemite NP
 
tatala wrote:
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.
Right to photograph a child. I was at a car show i... (show quote)


You are correct that the law says we can photograph anyone or, pretty much but with some exceptions, any place within a public setting. Having said that, common courtesy should trump law when taking photographs of people's children. Legally, they could not arrest you for that but could possibly trump up some charge. In today's world where everything and everyone is suspect, taking photos of people's children can, as you found out, get you in trouble. Better not to do it or to ask in advance and let them them know you will provide them with a photo and get a written release from them. Stick with taking photos of children of people you know if you want to photograph kids and always get a written release from the parent.

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Aug 19, 2017 21:51:51   #
Gene51 Loc: Yonkers, NY, now in LSD (LowerSlowerDelaware)
 
tatala wrote:
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.
Right to photograph a child. I was at a car show i... (show quote)


What is the law in your area? You should know before you make a pest of yourself.

In NYC and surrounding areas, you have every right to take the picture, and the subject and parent has every right to insist that it not be taken, or deleted if you already took it. Common sense should always prevail. Instead of being confrontational, you may have apologized, and deleted the picture(s) to her satisfaction. But you should carry a model release, even a simple one on your cellphone, and some business cards - to use to defuse the situation. I am surprised the police gave you the option.

You never know if the family is in WITSEC, avoiding an abusive spouse or partner, or they maintain a religious reason for not having their picture taken, or any other legitimate reason - what you don't have is a right to intrude into their lives and be a total boor - for lack of a more appropriately colorful and descriptive word. It's not all about you, and you would be best advised to be sensitive and considerate of other people's concerns.

On the other hand, the parent may have a concern that the guy with the camera may be a stalker, a pedophile, or some other unsavory and shady individual - a parent, especially a mom, has every right to have those concerns.

In the future, don't be that guy . . .

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Aug 19, 2017 21:54:11   #
Gene51 Loc: Yonkers, NY, now in LSD (LowerSlowerDelaware)
 
dancers wrote:
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.


Same here - that would be private property and subject to the terms and conditions of the owners.

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Aug 19, 2017 22:22:25   #
rook2c4 Loc: Philadelphia, PA USA
 
Regardless of my legal rights, if someone requested me to delete an image, I would oblige because I think it is the ethical thing to do. And to be honest, I wouldn't feel comfortable keeping the image anyway in such a situation. (I guess I'm just not cut out for a career as paparazzi photographer.)

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Aug 19, 2017 23:03:00   #
DavidPine Loc: Fredericksburg, TX
 
Way wrong. Not only wrong you misrepresented ethical photographers everywhere. Shame. Shame.
tatala wrote:
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.
Right to photograph a child. I was at a car show i... (show quote)

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Aug 19, 2017 23:13:28   #
Tinkwmobile
 
A legal guideline:

http://www.krages.com/ThePhotographersRight.pdf

Yes, you have the right; no the police had no grounds. Common sense may have lead to another response.

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Aug 20, 2017 00:10:31   #
Shellback Loc: North of Cheyenne Bottoms Wetlands - Kansas
 
Rongnongno wrote:
Good luck with that.

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


Because I don't believe it's a get rich quick scheme...

I've had cops tell me I can't photograph street scenes, buildings, and people on the street and if I continued, they would arrest me - I handed them the latest (at the time) ruling by the courts that said I have right to photograph anything in public. He read it, got surly and told me to leave anyway while he checked with his supervisor. I said no - I wasn't going anywhere because I was doing some long exposure shots getting the shadows of folks - and if he was going to arrest me, what were the charges and, oh - by the way - call your supervisor to the scene. He left -
I had my phone in my front pocket recording everything that was happening.

There is time to be polite and respectful and there is a stop point at being bullied by a person of authority that doesn't have a clue -

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Aug 20, 2017 02:55:32   #
BHC Loc: Strawberry Valley, JF, USA
 
I'm not sure it's a bright idea to take a picture of a child, especially for a contest where the picture may be published online. The picture can be stolen, altered and end up on an "inappropriate" site; it's been done - BY A MEMBER OF THIS FORUM TO THE PICTURE OF ANOTHER MEMBERS CHILD!

On the other hand, I shoot my D7100 with the second card as JPG. If I took a picture of a less controversial subject, like a dog, and someone complained, I'd, somewhat surreptitiously, open the card compartment, press the bottom button and hand them the second card with abject apologies.

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Aug 20, 2017 03:38:58   #
rpavich Loc: West Virginia
 
tatala wrote:
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.
Right to photograph a child. I was at a car show i... (show quote)


It's not a crime to take pictures of people in public places.


Period.


It's not a crime to sell, post, display, print t-shirts, coffee mugs or mouse pads or use those pictures of people...even (gasp) make MONEY off of those pictures!



Nobody can make to delete your images.


Period.


You didn't misrepresent photographers or do anything unethical.


It's the screwed up world we live in and folks that have gotten so cautious that they won't do anything for fear that someone else won't like it...that's the problem.


Just because someone doesn't like what you have done within the law doesn't make it unethical...that's not the definition of unethical.


As others have stated, it might be a good idea to print out a copy of the law in the US and keep them on you for handing to folks who need to be educated.

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Aug 20, 2017 05:39:54   #
jerryc41 Loc: Catskill Mts of NY
 
tatala wrote:
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.
Right to photograph a child. I was at a car show i... (show quote)


Once again, the police were wrong, and they bullied you into doing what they wanted.

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Aug 20, 2017 05:51:46   #
johneccles Loc: Leyland UK
 
In my opinion it's a no no, you are asking for trouble and you got it, I would even consider taking photographs of children anywhere even in a public place.
By all means ask the parents their permission, then you won't have any problem. There is a lovely public park in my town and there are lots of photo opportunities but I always ensure the are no children in the frame.
All the parents see is a lone guy with a camera round his neck and they may well think the worst of him, unfortunately that's the way things have gone lately.

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Aug 20, 2017 05:54:47   #
rpavich Loc: West Virginia
 
johneccles wrote:

All the parents see is a lone guy with a camera round his neck and they may well think the worst of him, unfortunately that's the way things have gone lately.


This is precisely why rights are protected, so that folks can't arbitrarily stop you from doing legal things. Thankfully in America, just having someone not prefer something you are doing doesn't carry any weight, either legally or ethically.

For now.

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Aug 20, 2017 06:31:09   #
A.J.R. Loc: Devon, UK
 
What a loss it would have been to photography if Cartier-Bresson and Robert Doisneau had been stopped photographing children in the streets of Paris.

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