Ugly Hedgehog - Photography Forum
Home Active Topics Newest Pictures Search Login Register
Main Photography Discussion
Right to Photograph a child in a Public Place
Page <<first <prev 6 of 21 next> last>>
Aug 20, 2017 09:07:47   #
DaveO Loc: Northeast CT
 
LouV wrote:
Geez! The OP comes here, describes a situation in which he did nothing wrong, and asks a reasonable question. His behavior is called "disturbing" and he is referred to as a "pompous self-inflated ass". Nice.

For the record, as many others have responded, he was perfectly within his rights. The police were wrong. To assume that the police know the law is naive. There are too many links to attach. Just google "photographing children in public places" to see the many citations of the law.
Geez! The OP comes here, describes a situation in... (show quote)


For the record, I don't believe his rights are being challenged by us, nor are there any implications that he may have been doing anything wrong. The behavior gives parents the "right" to be alarmed. I suppose they could exercise their right to stay home...

Reply
Aug 20, 2017 09:12:19   #
JohnSwanda Loc: San Francisco
 
DaveO wrote:
For the record, I don't believe his rights are being challenged by us, nor are there any implications that he may have been doing anything wrong. The behavior gives parents the "right" to be alarmed. I suppose they could exercise their right to stay home...


There are numerous people responding here who are challenging his rights, and some even going so far as to say he was breaking the law.

Reply
Aug 20, 2017 09:16:39   #
boberic Loc: Quiet Corner, Connecticut. Ex long Islander
 
Are there any attorneys here who can cite the law regarding this subject ?

Reply
 
 
Aug 20, 2017 09:16:47   #
Notorious T.O.D. Loc: Harrisburg, North Carolina
 
My son, a drag racer, has been photographed and those photos published in magazines and online. Never has he been asked to sign a release. One time a photo of my son and his grandparents was published to promote subscriptions to the magazine. None of them were asked to sign a release and didn't even know it was published until they saw it in print.

I guess Joe Rosenthal and AP are going to be in trouble for his Iwo Jima flag raising photo. I doubt he got releases from the flag raisers. and half were dead within a couple weeks unfortunately. Also the photographer who made the famous photo of the man being shot in the head by a South Vietnamese official. He didn't get a release either...

So, see how ridiculous this gets if we had to get a signature for everything we did or do.
Besides are the cops smart enough and knowledgeable enough to know that the camera may be recording to multiple cards and the shooter may have taken a dozen shots in a second or two? I highly doubt either the parent or cops would understand that possibility.

Best,
Todd Ferguson

Jaackil wrote:
I love all the Philadelphia Lawyers here who have stated the Law so convincingly but incorrect. First it does not matter what city or town you are in the law is the same in the US no matter what. The OP was within his rights and the Cops were 100% wrong. The tip off should have been when they said delete the photo or lose your camera. If they had confiscated the Camera the photos would have had to have been preserved for evidence. As some others have correctly stated any person place or thing in a public area maybe photographed. There is no expectation of privacy in a public area. This applies to everyone not just celebrities. You may in fact sell those images without a release. You do not need a release to share them post them sell them or do anything you want with them. You can print them and sell them as art if you want no release needed. You can sell them to a magazine no release needed. The only time you would need a release is if you are using them for some "commercial" purpose which is defined by law as using to promote or advertise. So you can sell them to a newspaper but not to Pepsi to be used in an advertisement with out a release. You would need a release if you post them on your own website for the purpose of promoting your own photography business. so the law gets blurry in cases where there is some cross over. Let's say the OP was going to put those photos on display at an art show which people can come and purchase them He has every right to do that without release However any photos he uses to advertise or promote the show he must have a release for.
Morally and Ethically the OP had every right to photograph that child. He did nothing wrong. For those that said they would have deleted it because it was the ethical thing to do STFU! You don't know what you are talking about! He did nothing unethical. This is how art is made and history is recorded what was unethical was the behavior of the police. What would have been unethical was destroying images taken in public because someone insisted. By the way The sailor kissing a girl in time square and the Girl from Afghanistan did not have model releases and those are two of the most published pictures in history. The girl from Afghanistan I believe was a minor at the time. The photographer made a lot of money off that one and won a Pulitzer Prize NO Model release.
I love all the Philadelphia Lawyers here who have ... (show quote)

Reply
Aug 20, 2017 09:19:45   #
DaveO Loc: Northeast CT
 
JohnSwanda wrote:
There are numerous people responding here who are challenging his rights, and some even going so far as to say he was breaking the law.

I stand corrected.

Reply
Aug 20, 2017 09:20:25   #
LouV Loc: Juno Beach, FL
 
DaveO wrote:
For the record, I don't believe his rights are being challenged by us, nor are there any implications that he may have been doing anything wrong. The behavior gives parents the "right" to be alarmed. I suppose they could exercise their right to stay home...


I'm not sure how you can say that if you've read all the comments.

Reply
Aug 20, 2017 09:21:54   #
DaveO Loc: Northeast CT
 
LouV wrote:
I'm not sure how you can say that if you've read all the comments.

I over reacted because I did not feel the intentions or his character were disparaged as far as his use of the photos.

Reply
 
 
Aug 20, 2017 09:22:06   #
LouV Loc: Juno Beach, FL
 
DaveO wrote:
I stand corrected.


Sorry, Dave, my last comment and yours crossed in the "mail".

Reply
Aug 20, 2017 09:23:31   #
ronichas Loc: Long Island
 
boberic wrote:
Are there any attorneys here who can cite the law regarding this subject ?



This is from the photographers bill of rights. I have added a few links.

**They Have No Right to Review Your
Images or Take Your Gear
Law enforcement officers do not
have the right to view your images
absent a warrant. They may have the
authority to seize a camera or cell
phone when making an arrest but still
must obtain a warrant to search the
contents. Likewise, they do not have
authority to make you delete images.**

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

http://www.krages.com/phoright.htm

https://www.aclu.org/know-your-rights/photographers-what-do-if-you-are-stopped-or-detained-taking-photographs

Reply
Aug 20, 2017 09:23:51   #
Notorious T.O.D. Loc: Harrisburg, North Carolina
 
boberic wrote:
Are there any attorneys here who can cite the law regarding this subject ?


There are some videos on YouTube about photography law and copyright law who are both lawyers and photographers. One was done at the B&H Event Center.

Best,
Todd Ferguson

Reply
Aug 20, 2017 09:24:26   #
DELTA777
 
If you don't know it that picture is not totally deleted you can get a picture rescue from Lear or SanDisk

Reply
 
 
Aug 20, 2017 09:24:44   #
DaveO Loc: Northeast CT
 
LouV wrote:
Sorry, Dave, my last comment and yours crossed in the "mail".


Not an issue, Lou. I get irate when people unnecessarily put their rights before the peace and tranquility of others on trivial issues.

Reply
Aug 20, 2017 09:26:31   #
Notorious T.O.D. Loc: Harrisburg, North Carolina
 
Demianr wrote:
I have taken many photos of kids in public places and at events, including kids dancing jumping or just being cute. Mostly as part of an event of some sort.
A few have gone into the news paper that I regularly shoot for.
It is a first amendment issue.
If any parent or person objected, I would IMMEDIATELY delete it.
This is just common courtesy.
If you use that photo for any commercial purpose with out a signed release you are looking for a lawsuit.
I generally go up to a parent and give them my card and offer to send them a picture via e-mail if they are around.
I have taken many photos of kids in public places ... (show quote)


Then, Is a Newspaper not a commercial use....

Best,
Todd Ferguson

Reply
Aug 20, 2017 09:27:43   #
Kmgw9v Loc: Miami, Florida
 
While on a cruise ship, at the kiddie pool, while taking pictures of my wife's granddaughter with a 70-200mm; I was confronted by an angry man who accused me of taking pictures of his daughter.
Pissed me off.
I explained myself, and he went away--still angry.

Reply
Aug 20, 2017 09:29:04   #
Notorious T.O.D. Loc: Harrisburg, North Carolina
 
rdubreuil wrote:
Absolutely on point. It's about subject isolation. Any thought of monetary gain, or other public use there of whether it be a building, a logo or in this case the child would constitute the need for a model/property release (this includes entering contest, whether prize based or not) from the owner/individual. The individual in this case happens to be a minor, the mother was 100% right. Just like hunting on private property, you need permission to be there or it's trespassing; isn't it? Same applies here, you'd need to have had the mother's permission to take the image in the first place if he/she (the child) were the intended subject.

Otherwise whose to say you weren't stalking these people, think about it. Would you want some stranger taking photos of your children without you knowing or okaying it? Who's to say what their actual intent is? The mother was completely within her right and in my opinion being a good mom and being aware of her child's surroundings. Think before you shot, it will go a long way to keeping you out of criminal or small claims court.
Absolutely on point. It's about subject isolation... (show quote)


You are making it very difficult for the FBI, NSA or a private investigator to take photos then aren't you...

Best,
Todd Ferguson

Reply
Page <<first <prev 6 of 21 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.