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Right to Photograph a child in a Public Place
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Aug 23, 2017 00:40:55   #
RonM12 Loc: Washington State
 
There is no expectation of privacy in a public place, but taking pictures of kids other than your own, creepy.

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Aug 23, 2017 06:53:51   #
Hawkshaw
 
I think we are loosing sight of the real issue. Taking a portrait or semi-portrait picture of a child is a sensitive issue. Legalities be hanged. i have seen at least a half dozen reasons posted why a child's picture should not be taken. I think the question is "Is it OK to take a child's portrait or semi-portrait picture without permission?" I think we should take a vote. My vote is NO.

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Aug 23, 2017 08:22:55   #
JohnSwanda Loc: San Francisco
 
RonM12 wrote:
There is no expectation of privacy in a public place, but taking pictures of kids other than your own, creepy.


Street photographers have been shooting kids since street photography began. I realize things are different today, parents' fears must be taken into account and it's not a good idea any more. But it is not inherently creepy to take pictures of kids you don't know. They are great subjects.

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Aug 23, 2017 08:24:02   #
cedymock Loc: Irmo, South Carolina
 
This is the point if we stop doing things that are legal because someone person does something bad with the same thing we want be able to do much, (buy guns, knives, tooth brushes, fertilizer for the lawns kerosene for heaters, nails, screws, cars all of these have the potential to do harm and have done so, and how in world are we getting rid of all the stones that will fit into a sling or bigger to be THROWN.)Just about anything good can be used for bad, I do not think we should give in. By the way someone wanting to do harm with a photo of a child has to look no further than moms Facebook, Instagram, are any social media no internet for us either. DON’T BLAME STREET PHOTOGRAPHERS FOR INDSENT PHOTOS ! I am neither a professional, nor street photographer but if I saw a child in public about to do something cute or miraculous I would take the photo and then use common sense.

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Aug 23, 2017 09:07:52   #
mwsilvers Loc: Central New Jersey
 
cedymock wrote:
This is the point if we stop doing things that are legal because someone person does something bad with the same thing we want be able to do much, (buy guns, knives, tooth brushes, fertilizer for the lawns kerosene for heaters, nails, screws, cars all of these have the potential to do harm and have done so, and how in world are we getting rid of all the stones that will fit into a sling or bigger to be THROWN.)Just about anything good can be used for bad, I do not think we should give in. By the way someone wanting to do harm with a photo of a child has to look no further than moms Facebook, Instagram, are any social media no internet for us either. DON’T BLAME STREET PHOTOGRAPHERS FOR INDSENT PHOTOS ! I am neither a professional, nor street photographer but if I saw a child in public about to do something cute or miraculous I would take the photo and then use common sense.
This is the point if we stop doing things that are... (show quote)


That all sounds great. However I've been stopped by policemen more than once when I wasn't even taking photos of children, just because I had a camera in an area where children were present or could be present.

The last time it happened I was trying out my then new 35mm f/2 lens by shooting a wooded area two blocks from my home to see how it handled with light streaming through the woods. A cop stopped me to ask (politely, I must add) what I was doing. I explained and offered to show him what I was shooting. He declined and moved on. Apparently a school bus driver saw me shooting and contacted the police. The street I was on was completely empty of people. No adults or kids! The point is, regardless of whether the law is on our side, things are different now. We need to be aware of that and modify our behavor around children unless we are prepared for the hassle of irate parents and police.

On multiple other occasions I've had to deal with irate adults who thought I had taken their picture. For the record, not one in a hundred pictures I take have people in them and I still get hassled. Perhaps it's the result of a high density suburban population of New Jersey. It's probably less of an issue in a busy downtown area of a big city or in very rural areas.

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Aug 23, 2017 16:13:02   #
cambriaman Loc: Central CA Coast
 
A lot of times, common sense in the situation makes a lot more sense that "being right'". There's a saying about live cowards and dead heroes.

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Aug 25, 2017 14:29:41   #
Jwshelton Loc: Denver,CO
 
The issue is not the law.
The issue is respect and appropriateness.
Whether child or adult; public or private;
if someone asked me to delete an image of them
I would do so unless there was an illegal activity
that I had captured.

And we wonder why photographers get a bad rap?

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Aug 25, 2017 16:03:53   #
rehess Loc: South Bend, Indiana, USA
 
Jwshelton wrote:
The issue is not the law.
The issue is respect and appropriateness.
Whether child or adult; public or private;
if someone asked me to delete an image of them
I would do so unless there was an illegal activity
that I had captured.

And we wonder why photographers get a bad rap?
And I spent 30 minutes explaining over and over why I was photographing the train station in Wilmington, Delaware. It turns out that a guy named Joe Biden was a regular user of that station.

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Aug 25, 2017 18:03:18   #
Motorbones Loc: Fair Oaks, CA
 
I have not read 20 pages of responses, but I will offer this. There's a lot of bad business going on in this country concerning children. Personally, I would rather respect the wishes of a parent than try to push a "right" whether perceived or real. I realize it is a public setting and I'm not aware of what the law says, but to me respecting the wishes of a parent as to the safety of well being of their child is concerned trumps artistic needs or creativity. I'm not saying that there is anything wrong with it in the first place (as I do not ask to photograph anyone in public) but there are times that having the "right" to do something does not necessarily mean that it's the right thing to do. Entering or winning a photography contest is not worth the peace of mind of a parent. All that being said there are all kinds of potential issues with having the right to photograph someone or something may or may not be appropriate.

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Aug 26, 2017 09:33:20   #
dhowland
 
You have the right, but honestly I would never argue with a mother who wanted me to delete a photo of her child. Not only are her protective instincts natural -- there are good reasons for not wanting your child's image out in the world or online in ways a parent can't control. She probably has her social media locked only to her friends and family -- yet here's a photographer ready to blast a photo of her child to who knows where. Perhaps you think you'll never take a good photograph again and that's why you're so committed to this one image. In which case you may not only lack human decency but also decent photography chops.

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Aug 26, 2017 10:18:36   #
Clapperboard
 
dhowland I am glad you started your comment with "You have the right". As I said in my earlier comment I never let kids appear in my shots. I am very conscious that is my choice and not because of any legislation. That is my point. So many people are saying "it's illegal to take pictures of children" and it worries me that a loss of RIGHTS can develop from misinformation.
I just try to make sure people involved are aware that not taking pictures of kids is my choice and not legislation.
Hey guys this is all going on too long. Surely we should be out taking (or making) photographs!

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Aug 26, 2017 11:18:48   #
Marionsho Loc: Kansas
 
Clapperboard wrote:
dhowland I am glad you started your comment with "You have the right". As I said in my earlier comment I never let kids appear in my shots. I am very conscious that is my choice and not because of any legislation. That is my point. So many people are saying "it's illegal to take pictures of children" and it worries me that a loss of RIGHTS can develop from misinformation.
I just try to make sure people involved are aware that not taking pictures of kids is my choice and not legislation.
Hey guys this is all going on too long. Surely we should be out taking (or making) photographs!
dhowland I am glad you started your comment wit... (show quote)



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Aug 26, 2017 14:31:45   #
cedymock Loc: Irmo, South Carolina
 
For all of you that did not read the original question or statement, he was at a CAR SHOW don’t think he went there with the plan to take photos of children. He took a photo a child that he thought would make a good photograph. Then the mother went all helicopter on him and got the police that trampled his rights.

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Aug 26, 2017 16:06:03   #
dhowland
 
cedymock wrote:
For all of you that did not read the original question or statement, he was at a CAR SHOW don’t think he went there with the plan to take photos of children. He took a photo a child that he thought would make a good photograph. Then the mother went all helicopter on him and got the police that trampled his rights.


Thanks for the ALL CAPS, but what's does the car show have to do with anything? I'm saying that to go to the lengths he did that day (and posting here), it sure sounds like getting a good photo is a PRETTY RARE EVENT for him. He had to go all Rambo on a mother with a small child and cry First Amendment like some kind of civil rights warrior? How about take that energy and those astonishing and tenacious photography chops to Afghanistan, where both military and journalism outlets hire freelance photographers and where such extraordinary bravery and heroic valor in defense of the Constitution might mean something? Or maybe (!!) just go out and take more good photos, and even better ones.

I'm guessing that the priceless photo that landed him in front of the cops actually won't go near a prize in any contest, but at least he has a heart of coal.

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Aug 26, 2017 17:57:20   #
Tom G Loc: Atlanta, GA
 
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.



Yes, RonNoGo, taking pictures of unrelated children, no matter where, is quite questionable and can be very "dicey"?

However, your surly attitude is very impolite and confrontational; it's none of your business why "the hell" he took the picture; and, because he told us the whole story I doubt that he is "Nuts.

I do not think an individual has a legal right to their image if the photo is taken in a public place (although, inside most commercial establishments it is prohibited). So, where did you get your "authoritative" information anyway?

Street Photography is part of my photographic interests, and I have never had a problem with the either the subject or the Law.

This is what I've found and known to be legally reliable: https://www.clickinmoms.com/blog/street-photography-and-the-law-7-things-you-need-to-know/

Both you, RonGoGo and Tatala should read this, especially #6.

Have the Day you deserve.

P.S. Try a little courtesy & respect RonGo

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