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Photographers legal rights
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Nov 25, 2018 07:49:54   #
Kmgw9v Loc: Miami, Florida
 
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. 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.
In Miami-Dade county it is considered illegal to p... (show quote)


"In Miami-Dade county it is 'considered' illegal to photograph children without parent's consent".
What does that mean? Aside from other considerations, Is it legal or is it in violation of law?

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Nov 25, 2018 07:52:20   #
Larz
 
Thanks Shellback, I was looking for this.

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Nov 25, 2018 08:21:04   #
dennis2146 Loc: Eastern Idaho
 
G Brown wrote:
Law is a minefield of conflicts - the more convincing the lawyer, the better the outcome.
Consider 'the smoking ban' generally accepted that you can smoke in your own home. Elderly people are 'homed' in care homes and legally they can smoke there. Care homes are workplaces and you cannot smoke in a workplace. what can you legally do? answers on a post card....
Many rented homes now have rental regulations banning smoking in their premises...Yet a rental lease defines it as your legal place of abode (home Address etc). So stick to the law and lose the roof over your head.
Nothing so absurd as 'rights' and 'laws'.
Law is a minefield of conflicts - the more convinc... (show quote)


While I do agree with your first sentence, the rest sounds like gibberish.

Elderly people who are in, “homes”, are not in their homes but rather in care facilities. People are getting paid to care for them and common federal, state and local laws and ordinances would apply as to any other workplace.

If you are renting an abode and signed a lease with a no smoking clause which you failed to obey, there would be no laws broken and no Criminal case. It would be a Civil case.

Sometimes laws can be absurd and that is what judges and attorneys help to decide. Remember though that in court cases 50% of attorneys are losers.

Dennis

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Nov 25, 2018 08:43:39   #
ELNikkor
 
Back in '88 riding my Suzuki along the California coast road, I came across a beautiful scene at sunset. When I stopped to take a photo, I saw a sign saying that the scene was private and could not be photographed! I was offended that scenery (a tree by the ocean) could be restricted. Being a rebellious biker, I looked around, no one was there, so I took the photo, and am glad I did; to this day, it is one of my favorites.

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Nov 25, 2018 08:45:13   #
tgshoe Loc: North Texas
 
ToBoldlyGo wrote:
Anyone stating law on a forum which is worldwide, should have the decency to state which country and area the law applies to. Additionally, this mentality is likely to do more harm than good in most situations. Of course if a crime is taking place, or in a time of war, yes take photos. But while taking photos in a quiet park, show some decency to people who really may not want their photo taken. Nobody should feel like they have to ask someone not to take photos. The photographer should go out of their way to not make people feel uncomfortable.
Anyone stating law on a forum which is worldwide, ... (show quote)


I would imagine that someone stating an opinion on a forum, worldwide or not, would be stating it in relation to their location. Such as your are in the UK and when stating your experience/opinion would be in relation to the UK. Much in the way when i state my opinion, based on my understanding, it would be in relation to where I am. In This case the US specifically Texas. Your opinion of what is acceptable has little to do with what is legally allowed. Laws are written, at least in the US, and are easily verified. Opinions on the other hand are subjective and generally not easily explained nor verified. Sometimes even by those that hold them!

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Nov 25, 2018 08:51:23   #
Jaackil Loc: Massachusetts
 
Gene51 wrote:
So, just for argument's sake, someone complains and asks law enforcement to intervene.

What would you do? How much will it cost to bring a lawsuit against whomever? How much time and money do you have to put towards your crusade to prove a point? What is the likelihood you will not win and a judge will rule that you should have exercised some common sense?

Photographers also have a right, no, obligation, to be sensitive, observant and empathetic.

If a woman is with her kid and she is in a custody battle, or if you shoot someone in WITSEC, just sayin'

Parks and public transportation are governed by rules that can curtail your "rights".

Ok looking forward, you spent $30k on attorney fees to defend your rights and the countersuit. What are you going to do with the pictures you took?

SMH. . .
So, just for argument's sake, someone complains an... (show quote)


SMH I don’t know where people come up with this crap. If you want to practice law in a photography forum at least go to law school.

You bring up a couple of good points.
First. If approached by a law enforcement officer a photographer needs only to be armed with one simple phrase. “Do you have a warrant?” They will either know the law or call their supervisor who had better. You won’t need $$$ for a lawyer. A photographer has a constitutional right against illegal search and seizure in the US.
Just because someone is in a custody battle does not give them any special priveledges or rights in public it is up to them to take prudent care in public places same goes for people in Witness protection, who are advised to use caution in public to protect their identity. A photographer is under no legal obligation to help them protect their identity. The responsibility is on them.
Yes you are correct parks, and public transportation may curtail your rights so may malls stores schools etc which although they are public spaces they reserve some privacy rights. How ever they must serve notice to not photograph conspicuously, conspicuously means In a manner that is clear and obvious to the average person. So if you get on a bus and there is a sign clearly visible that says you can’t. You can’t. If the bus driver pulls the bus over and says you can’t you still can. If the bus driver pulls the bus over and hands you a written notice from the transit authority stating it is not allowed you may not take any further images however they can do nothing about the ones you took prior to being served notice.
Just for clarification I am talking about in the confines of the United States only. This applies to the whole US it does not differ by state or county.

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Nov 25, 2018 08:57:20   #
tgshoe Loc: North Texas
 
Jaackil wrote:
SMH I don’t know where people come up with this crap. If you want to practice law in a photography forum at least go to law school.

You bring up a couple of good points.
First. If approached by a law enforcement officer a photographer needs only to be armed with one simple phrase. “Do you have a warrant?” They will either know the law or call their supervisor who had better. You won’t need $$$ for a lawyer. A photographer has a constitutional right against illegal search and seizure in the US.
Just because someone is in a custody battle does not give them any special priveledges or rights in public it is up to them to take prudent care in public places same goes for people in Witness protection, who are advised to use caution in public to protect their identity. A photographer is under no legal obligation to help them protect their identity. The responsibility is on them.
Yes you are correct parks, and public transportation may curtail your rights so may malls stores schools etc which although they are public spaces they reserve some privacy rights. How ever they must serve notice to not photograph conspicuously, conspicuously means In a manner that is clear and obvious to the average person. So if you get on a bus and there is a sign clearly visible that says you can’t. You can’t. If the bus driver pulls the bus over and says you can’t you still can. If the bus driver pulls the bus over and hands you a written notice from the transit authority stating it is not allowed you may not take any further images however they can do nothing about the ones you took prior to being served notice.
Just for clarification I am talking about in the confines of the United States only. This applies to the whole US it does not differ by state or county.
SMH I don’t know where people come up with this cr... (show quote)


Yea! What he said. LOL. Everyone has to learn to distinguish between what is written in law and what their personal opinions/feelings are.

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Nov 25, 2018 09:02:28   #
ToBoldlyGo Loc: London U.K.
 
tgshoe wrote:
I would imagine that someone stating an opinion on a forum, worldwide or not, would be stating it in relation to their location. Such as your are in the UK and when stating your experience/opinion would be in relation to the UK. Much in the way when i state my opinion, based on my understanding, it would be in relation to where I am. In This case the US specifically Texas. Your opinion of what is acceptable has little to do with what is legally allowed. Laws are written, at least in the US, and are easily verified. Opinions on the other hand are subjective and generally not easily explained nor verified. Sometimes even by those that hold them!
I would imagine that someone stating an opinion on... (show quote)


A couple of days ago I saw a group of female teenage dancers dressed rather scantily. They were clearly around 15. Now of course I did not take photos, especially as they were not dancing at the time. By law there is no reason why I couldn't, it was a public place and clearly would not have been for any commercial purpose. I had no wish to take a photo, but in spite of the law being on my side, would it have been decent to take a photo of these strangers?

I do get what you are saying. However, there is law, and then there's being a good person. They are not always the same.

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Nov 25, 2018 09:06:13   #
Larz
 
The grammar and punctuation didn't remind me of someone who went to law school. I would recommend ignoring the non-lawyers and go back to the links to the attorney who has researched the issue.

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Nov 25, 2018 09:07:07   #
BebuLamar
 
Gene51 wrote:
So, just for argument's sake, someone complains and asks law enforcement to intervene.

What would you do? How much will it cost to bring a lawsuit against whomever? How much time and money do you have to put towards your crusade to prove a point? What is the likelihood you will not win and a judge will rule that you should have exercised some common sense?

Photographers also have a right, no, obligation, to be sensitive, observant and empathetic.

If a woman is with her kid and she is in a custody battle, or if you shoot someone in WITSEC, just sayin'

Parks and public transportation are governed by rules that can curtail your "rights".

Ok looking forward, you spent $30k on attorney fees to defend your rights and the countersuit. What are you going to do with the pictures you took?

SMH. . .
So, just for argument's sake, someone complains an... (show quote)


And if someone draw a gun on me! No I can't fight for my rights unless I am alive!

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Nov 25, 2018 09:12:46   #
gvarner Loc: Central Oregon Coast
 
I just snap away. I once had a man question my activity at a park. I calmly told him it was my great grandson's birthday and I was getting his pics. He seemed satisfied with that. Case in point - I never consider the issue until or if it comes up.

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Nov 25, 2018 09:16:32   #
CPR Loc: Nature Coast of Florida
 
Carrying a spare old memory chip in your shirt pocket is not a bad idea. If you see trouble coming take it out and hold it in your hand. If someone gets really upset just open the camera, take it out and break it in half. Apologize, not for taking the photo, but that the person is upset.

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Nov 25, 2018 09:18:26   #
PhotoFem
 
Your question is interesting. If I was a woman, would I have the same challenges in photographing people in a scene?
Probably not.

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Nov 25, 2018 09:18:49   #
Jaackil Loc: Massachusetts
 
ToBoldlyGo wrote:
A couple of days ago I saw a group of female teenage dancers dressed rather scantily. They were clearly around 15. Now of course I did not take photos, especially as they were not dancing at the time. By law there is no reason why I couldn't, it was a public place and clearly would not have been for any commercial purpose. I had no wish to take a photo, but in spite of the law being on my side, would it have been decent to take a photo of these strangers?
I do get what you are saying. However, there is law, and then there's being a good person. They are not always the same.
A couple of days ago I saw a group of female teena... (show quote)



So what you are saying is you are a better person than me? You didn’t take the picture because you viewed them in a sexual way. I took the picture because I didn’t see them in a sexual way. But you are a better person than me? Classic!

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Nov 25, 2018 09:18:51   #
rmalarz Loc: Tempe, Arizona
 
Carl, one has to be careful and research what may be considered public spaces. Due diligence pays off. Getting confrontational can make it difficult for other photographers in the long run.
--Bob

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 .

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