camerapapi wrote:
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?
As of lately, especially in public places, I find ... (
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You have no rights. Get used to it. You're lucky that she didn't pull out a handgun and shoot you - Florida and their "stand your ground" B.S. makes that entirely possible.
The best approach is to be humble, apologize profusely, and if you are successful at de-escalating the situation, provide her with your card, and offer her a free print, or do as you did - delete the image in front of her, apologizing all the way.
Confrontation and trying to explain why you are right (and presumably she is wrong) is NOT a good approach, and will only serve to further agitate the mom. There are numerous reasons why someone would not want to be photographed, or have their family members photographed - witness protection and orders of protection in custody battles. You will never win, and you will risk escalating to the point of creating a scene and possibly getting arrested. It's just not worth it.
A better approach, if the situation lends itself to it, would be to inform parents watching their kids that you are working on a project that involves kids at play, offer then your business card, and would they object to having their children (and themselves) photographed. have model releases ready just in case. If they object, just move on. In this case it IS better to ask permission than to beg forgiveness.
While it is perfectly legal to take these pictures, and the parent has no legal footing with which to object, do you really want to defend your right to take these pics in a court of law? That can get expensive really fast. Common sense needs to prevail. However, if you are in Georgia, in 2010 it became illegal to anyone other than a parent to photograph children. Similar legislation was attempted in New Jersey in 2011, but failed to pass.
Remember, you have no rights. Repeat, you have no rights. Of course you have rights, but in such a contest, you will lose the first battle. And someone being photographed has every right to ask you to not photograph them or their family members. The law may be on your side, but common sense dictates that confrontation and escalation is not a good option.