Ugly Hedgehog - Photography Forum
Home Active Topics Newest Pictures Search Login Register
Main Photography Discussion
Photographers legal rights
Page 1 of 13 next> last>>
Nov 24, 2018 06:50:02   #
Carl A Loc: Homosassa FL
 
Photographers have a right to photograph public activities that
occur in a public space this includes but is not limited to from and
a public space.
streets,public transportation systems, plazas.
parks, and other places that the public is allowed to be .
Attempts to prevent this this photographer from exercising
these rights may subject you to criminal and civil penalties
for harassment and coercion .

Reply
Nov 24, 2018 06:54:25   #
jerryc41 Loc: Catskill Mts of NY
 
Legally, that's true, but "might makes right." If kids happen to fall within the area of your viewfinder, you could find yourself confronted by a huge man with a gun. The same applies to cops. They'll want to confiscate your memory card or camera. That's illegal, but so is resisting them. Laws are great, but only if people know them and obey them.

Reply
Nov 24, 2018 07:09:59   #
orrie smith Loc: Kansas
 
Carl A wrote:
Photographers have a right to photograph public activities that
occur in a public space this includes but is not limited to from and
a public space.
streets,public transportation systems, plazas.
parks, and other places that the public is allowed to be .
Attempts to prevent this this photographer from exercising
these rights may subject you to criminal and civil penalties
for harassment and coercion .


A photographer also has a moral responsibility to the subject he is shooting. If someone shows or states an objection, we should respect that wish. If you are photographing someone, especially a child, in a bathing suit, it could be construed as porn, and you may be hassled by the law for the porn rather than the photography. Just because something is legal does not necessarily mean it is right. Common sense goes a long way to showing respect.

Reply
 
 
Nov 24, 2018 07:14:13   #
rpavich Loc: West Virginia
 
orrie smith wrote:
A photographer also has a moral responsibility to the subject he is shooting. If someone shows or states an objection, we should respect that wish.


Says who?

That's arbitrary. It has no more validity than if I were to state the opposite.

Quote:
If you are photographing someone, especially a child, in a bathing suit, it could be construed as porn, and you may be hassled by the law for the porn rather than the photography.


No you won't. You won't be hassled for doing something legal.
I could run down the street and that "could be construed as running from the scene of the crime"...does that make sense? Of course not....neither does your scenario.

Quote:
Just because something is legal does not necessarily mean it is right. Common sense goes a long way to showing respect.


Sure...but this doesn't fall into that category.

People get upset for a variety of reasons...that doesn't make their reaction valid.

Reply
Nov 24, 2018 07:17:54   #
Jaackil Loc: Massachusetts
 
orrie smith wrote:
A photographer also has a moral responsibility to the subject he is shooting. If someone shows or states an objection, we should respect that wish. If you are photographing someone, especially a child, in a bathing suit, it could be construed as porn, and you may be hassled by the law for the porn rather than the photography. Just because something is legal does not necessarily mean it is right. Common sense goes a long way to showing respect.


Define moral. A child in a bathing suit is porn? Just because it is legal doesn’t mean it is right? Here we go again

Reply
Nov 24, 2018 07:18:56   #
rpavich Loc: West Virginia
 
Jaackil wrote:
Define moral. A child in a bathing suit is porn? Just because it is legal doesn’t mean it is right? Here we go again


Yeah...more nervous nellies who are afraid of their own shadow.

I'm unwatching this mess before it starts.

Reply
Nov 24, 2018 07:28:59   #
LCD
 
A friend of mine was photographing a stone monument in a park. A woman, some distance off, called the cops on him because she thought he was photographing her kid. He had to show the cop the images in his camera to assure everyone that the child was not his intended subject. It shook him up enough that now he does mostly landscapes and nature, with no people around. He doesn't post anything online. As for myself, I tend to focus on the performers and participates at the events I photograph. When I do want to photograph the other attendees, I ask permission if feasible. I hardly ever do kids. I wonder if i were female, would have the same problems photographing people, especially children, in public spaces.

Reply
 
 
Nov 24, 2018 07:45:45   #
camerapapi Loc: Miami, Fl.
 
In Miami-Dade county it is considered illegal to photograph children without parent's consent. Authorities DO NOT allow photographers photographing around a school. I have been shooting in a public park and a woman has approached me to tell me I do not have the right to photograph people and she thought I was taking pictures of her child.
In some places, like in Key Biscayne I have been stopped from taking pictures by a guard who called me a "professional" photographer because I was using a tripod and had to pay a fee. Eventually I cleared everything through a letter I sent to the Parks Superintendent. Yes, I photographed in many places in Dade county but it has not been all that easy.
I still do not know my rights as a photographer and I agree what is ones right could be contrary for someone else.

Reply
Nov 24, 2018 07:54:46   #
Architect1776 Loc: In my mind
 
Carl A wrote:
Photographers have a right to photograph public activities that
occur in a public space this includes but is not limited to from and
a public space.
streets,public transportation systems, plazas.
parks, and other places that the public is allowed to be .
Attempts to prevent this this photographer from exercising
these rights may subject you to criminal and civil penalties
for harassment and coercion .


Depends on what you do with the photo.
Even buildings have limitations, if you are using the image commercially you need permission.
So you do NOT have a right to photograph anything for any reason.
Before giving advice that could be considered legal you might just say check with a lawyer familiar with this subject.
Different states have different laws, there are federal regulations etc.
So your simplistic comment here puts people in legal jeopardy.

Reply
Nov 24, 2018 07:59:39   #
Silverman Loc: Michigan
 
orrie smith wrote:
A photographer also has a moral responsibility to the subject he is shooting. If someone shows or states an objection, we should respect that wish. If you are photographing someone, especially a child, in a bathing suit, it could be construed as porn, and you may be hassled by the law for the porn rather than the photography. Just because something is legal does not necessarily mean it is right. Common sense goes a long way to showing respect.


👍👍👍

Reply
Nov 24, 2018 08:08:15   #
rpavich Loc: West Virginia
 
LCD wrote:
A friend of mine was photographing a stone monument in a park. A woman, some distance off, called the cops on him because she thought he was photographing her kid. He had to show the cop the images in his camera to assure everyone that the child was not his intended subject.


No he didn't. The police have no right to see or confiscate images.

Quote:
It shook him up enough that now he does mostly landscapes and nature, with no people around. He doesn't post anything online. As for myself, I tend to focus on the performers and participates at the events I photograph. When I do want to photograph the other attendees, I ask permission if feasible. I hardly ever do kids. I wonder if i were female, would have the same problems photographing people, especially children, in public spaces.


That's a personal decision and that's fine but a photographer isn't required by law to show anyone his/her images, even the police. Sure..the'll try and get you to believe that's their right but it's not.

Reply
 
 
Nov 24, 2018 08:11:00   #
Shellback Loc: North of Cheyenne Bottoms Wetlands - Kansas
 
A couple of articles on photographers rights -

Know Your Rights as a Photographer!
Bert P. Krages II Attorney at Law- The Photographer's Right

Some excerpt from "The Photographer's Rights" by Bert Krages
The general rule in the United States is that anyone may take photographs of whatever they want when they are in a public place or places where they have permission to take photographs. Absent a specific legal prohibition such as a statute or ordinance, you are legally entitled to take photographs. Examples of places that are traditionally considered public are streets, sidewalks, and public parks.

Members of the public have a very limited scope of privacy rights when they are in public places. Basically, anyone can be photographed without their consent except when they have secluded themselves in places where they have a reasonable expectation of privacy such as dressing rooms, restrooms, medical facilities, and inside their homes.

Permissible Subjects
Despite misconceptions to the contrary, the following subjects can almost always be photographed lawfully from public places:
accident and fire scenes
children
celebrities
bridges and other infrastructure
residential and commercial buildings
industrial facilities and public utilities
transportation facilities (e.g., airports)
Superfund sites
criminal activities and arrests
law enforcement officers


The ACLU also discusses Photographer's Rights

Many legal articles explaining your rights - do your own research and talk to your attorney for your own peace of mind...

Reply
Nov 24, 2018 08:11:33   #
rpavich Loc: West Virginia
 
camerapapi wrote:
In Miami-Dade county it is considered illegal to photograph children without parent's consent. Authorities DO NOT allow photographers photographing around a school. ...


The UHH is the ONLY site where I could find this particular statement made. I searched and searched. Do you have some sort of official Miami-Dade County ordinance reference that I can look at?

I'm skeptical.

Reply
Nov 24, 2018 08:26:43   #
BebuLamar
 
I figure I can't fight for my legal rights in court if I am dead!

Reply
Nov 24, 2018 09:00:25   #
rpavich Loc: West Virginia
 
BebuLamar wrote:
I figure I can't fight for my legal rights in court if I am dead!


Dead?

Plueezzzeee....

Reply
Page 1 of 13 next> last>>
If you want to reply, then register here. Registration is free and your account is created instantly, so you can post right away.
Main Photography Discussion
UglyHedgehog.com - Forum
Copyright 2011-2024 Ugly Hedgehog, Inc.