camerapapi Loc: Miami, Fl.

As of lately, especially in public places, I find more and more people complaining that their picture is being made without consulting them. A few days ago I was shooting at a local park and all of a sudden a woman began to shout at me saying that I had photographed her child without her permission. My explanations about shooting in a public place plus my explanations that I was not shooting persons or children (shooting children without parent's consent is a felony in Dade County) did not convince her agitated attitude. She threatened me with a call to the police. I showed her the picture in question, taken with a wide angle and her child was not visible but I deleted the shot in front of her. That did not make her any happier but she did not call the police.

I like to go to local parks and photograph the scenery, not the persons there but this incident has been kind of traumatic to me since I treated the young lady with respect but she did not act the same way with me. Had she call the police it would have been hard for me to explain my rights and I know it is illegal to photograph children without parent's consent. I think I acted as a decent human being but I do not want this to happen to me again.

So, which are my rights?

jerryc41 Loc: Catskill Mts of NY

People are idiots. They think that whatever they say goes. Anyone can forbid you from doing anything, and anyone can call the police. The law and someone's opinion are two different things. Unfortunately, screaming and threatening usually trump the law.

rmalarz Loc: Tempe, Arizona

William, when confronted with situations like this, I simply explain that there is no expectation of privacy in a public area. Secondly, if someone wants to call the police, let 'em. I'll continue to go about my photographing until they get there.

Now, there was one individual who insisted that they were going to have me arrested. I told them to go ahead and call the police. However, think about this before you start insisting that someone is arrested. If the officer sees that I'm not doing anything illegal, guess who gets taken to jail. After a brief moment of thought, the person stomped away and I continued to take the photographs I wanted.
--Bob

NCMtnMan Loc: N. Fork New River, Ashe Co., NC

My understanding has always been that, if you are in a public place, there is no permission needed. It might be polite to ask. I am certainly not a lawyer, so it would be interesting to hear from one.

LWW Loc: Banana Republic of America

I am offended and demand that you not include me in this thread.

Kuzano

Parolees, ex-cons, felons and many homeless (of which many are the aforementioned) could give a S less what your photographic rights are. And many of them in public with their families will confront you vehemently on the issue of photographing them and family members. Most of them have strong opinions about how many images law enforcement already has of them on record.

Do you really want to be explaining your "rights to photograph in public places" with potentially violent persons. Oh yes, it's really a matter of principal. Spring your explanations on one of these people. They rant, but they rarely really want to be brought to the attention of law enforcement. Think about those person with such issues, particularly when they are loud and obnoxious, but don't follow through with threats.

Just walk away.

jeep_daddy Loc: Prescott AZ

I wish a lawyer would chime in here. I have a friend that was a deputy sheriff and he was taking pictures at the beach. Even though he is very attracted to the young beautiful girls that run around in skimpy swimsuits, he doesn't usually take pictures of them. But one time while he was taking pictures he pointed his camera in the general direction of some 15 or 16 year old girls and they started yelling to their guardian, (I assume parent) that "that man just took our picture". My friend denied it and the people fetched a cop on duty and brought him over to investigate. My friend was very embarrassed by the yelling and screaming parent that accused him publicly of being a pervert for taking pictures of her kids that were wearing skimpy swim gear. The bottom line is that the cop looked at the pictures my friend took and didn't find any of girls in swim gear. But we still don't really know what might have happened if there were some on his camera. They aren't nude, there is no expectation of privacy on a public beach, my friend is a cop and not a convicted child molestor etc., so what gives? Here in California, police agencies don't seem to care about courtesy to other agencies. So if a cop from one jurisdiction is accused of something in another jurisdiction, they are treated like anyone else. Not like the old days where they got a pass.

Popeye Loc: LifIno

I would've just told her to go ahead and call the police. After awhile you get tired of all the B.S.

chefdz Loc: Az

Glad for the input. I just started some street photography and found that I like my beginning results so far. I do look around before I shoot.
Chefdz

G Brown Loc: Sunny Bognor Regis West Sussex UK

The person who complained obviously thought that they had 'The Right'....
And that is the trouble with 'Rights'. Everyone has them!

Ask people to look at what you have taken and explain what you are doing.....if they agree to you keeping them...fine, if not... delete them.

I assume you are not 'special forces trained'. Wearing a police uniform or Wig and Gown. You, shouting 'your rights' can be just as intimidating as 'others' shouting theirs at you.

Hell, it is only a photograph! If it was a a pulitzer prize image - Learn to run very fast!!!!!

camerapapi Loc: Miami, Fl.

"I am offended and demand that you not include me in this thread." I am sorry, I do not understand. If you are referring to me I have not included anyone except for the woman that confronted me and I do not believe you are that woman.

Bob it is a tough call for me because I have not been involved with such an incident for a long time and when I did it was because the local authorities had their rules considering a photographer with a tripod as a professional that should be paying dues to the city for photographing in a park. I got in touch with local authorities and that was cleared for me.

It is true that in a public place there is no privacy but to what extent we can photograph without having an incident such as mine I do not really know. I can also understand that with this kind of people any explanations go nowhere and that was exactly what happened to me. The woman kept on threatening me in spite of my soft and decent treatment toward her.

"I would've just told her to go ahead and call the police. After awhile you get tired of all the B.S." I agree with you but there are times when you have to use some judgment. There were children there, I did not aim my camera to them since I knew that was illegal here in Miami-Dade County. Since the woman was in such an attitude I deleted the picture (her son was not in it) and not very happy she walked away.

With street photography I have not had an incident but a very good friend of mine did to the point that the person discussing with him wanted to attack him. I witness the whole ordeal and believe me, it made me think about street photography twice.

We are living in a world where respect and decency are falling apart. Courtesy is practically gone and I find more and more aggressive persons on the streets ready for a fight regardless if they are right or not.
Thank you gentlemen for your input.

rmalarz Loc: Tempe, Arizona

The problem I have, and a lot of people don't understand, is that I can't delete a photograph. Delta 400 sensors don't provide a means to delete.
--Bob

Popeye Loc: LifIno

Bummer!

quagmire Loc: Greenwood,South Carolina

I posted a thread a while back about deleting the picture then using a program like RECUVA to get it back.

Apaflo Loc: Anchorage, Alaska

I cannot find any reference suggesting such a law in Miami-Dade County. It also, on its face, would appear to violate US Supreme Court rulings on 1st Amendment rights.

Can you provide a reference with specific details of such a law that makes photographing random children who are properly clothed and in a public place a crime?