Public domain
Jan 25, 2020 17:47:14 #
Two weeks ago on a Sunday afternoon, I walked out on a crowded Oceanside, California pier. There was a lady sitting on a bench with arms outstretched with three pigeons perched on each arm. That's not a sight I see everyday so I stopped to take a photo. When I raised my camera she shouted, "No". I lowered the camera not sure if she was speaking to me. I raised it once again and she shouted, "get the hell out". I told her she was in the public domain and she shouted back, "I don't give a shit". I said okay and walked away without taking the picture. My question is this: is it legal to take someone's picture without their permission when they are out in public?
Jan 25, 2020 17:54:37 #
Even if its true doesn't mean people are going to be happy about it or cooperative. I as a practice rarely photograph people...too troublesome.
Jan 25, 2020 18:01:41 #
Was the pier private property or public property? It could make a difference legally.
Jan 25, 2020 18:10:55 #
I would be angry if you took my picture in a public place. I have no idea about the law. but NO ONE gets to point a camera at me.
Jan 25, 2020 18:12:37 #
Balboa wrote:
Even if its true doesn't mean people are going to be happy about it or cooperative. I as a practice rarely photograph people...too troublesome.
I rarely take photos of people as the subject, unless they are a byproduct of the shot. If someone waves me off (which no one has yet), I'll honor their request regardless if it's within my right to take the shot. I'd just move around and recompose without them in it or wait for them to move.
Jan 25, 2020 18:22:09 #
Mike M wrote:
Should common courtesy factor into your decision?...My question is this: is it legal to take someone's picture without their permission when they are out in public?
Jan 25, 2020 18:33:02 #
Linda From Maine wrote:
Should common courtesy factor into your decision?
Jan 25, 2020 18:33:10 #
Mike M wrote:
Two weeks ago on a Sunday afternoon, I walked out ... (show quote)
Sounds like she was verbally denying you a model release. You did right to walk away. "Public domain" does not preclude the need for a model release from a specified main subject
Jan 25, 2020 19:03:05 #
Mike M wrote:
Two weeks ago on a Sunday afternoon, I walked out ... (show quote)
It's legal for private use. But she was clearly not comfortable and she was very rude about expressing her discomfort. Maybe she is a wanted felon, on the FBY's most wanted list. Maybe she felt you were rude because you did not ask permission? Maybe she just wanted privacy. Some people are afraid of large cameras and lenses. Clearly she had limited communication skills.
You did the right thing by simply walking away. It seems like it could have led to more confrontation if you had persisted.
There is something to be said for common curtesy. And is not illegal to ask permission. If the person or persons say no just move on.
Jan 25, 2020 19:17:47 #
Linda From Maine wrote:
Should common courtesy factor into your decision?
Jan 25, 2020 19:20:57 #
err... You folks need to read up about public domain... It has nothing to do with taking an image of anything.
Public space is the issue. Right to privacy is another.
As one already mentioned... Instead of being upset about this and moan here on how uncivil folks are...
Why not just learn from it and ask permission first next time? Common courtesy that a long way toward a positive outcome.
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Public space is the issue. Right to privacy is another.
As one already mentioned... Instead of being upset about this and moan here on how uncivil folks are...
Why not just learn from it and ask permission first next time? Common courtesy that a long way toward a positive outcome.
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Possibly a public domain image taken in the privacy of one's home... (not my capture)
Jan 25, 2020 19:24:12 #
Rongnongno wrote:
err... You folks need to read up about public domain... It has nothing to do with taking an image of anything.
Public space is the issue. Right to privacy is another.
As one already mentioned... Instead of being upset about this why not just learn from it and ask permission first before anything? Common courtesy that a long way toward a positive outcome.
Public space is the issue. Right to privacy is another.
As one already mentioned... Instead of being upset about this why not just learn from it and ask permission first before anything? Common courtesy that a long way toward a positive outcome.
For me, courtesy and respect supersede my photography rights in a public domain.
Jan 25, 2020 19:27:01 #
Longshadow wrote:
For me, courtesy and respect supersede my photography rights in a public domain.
Space... not domain....
Jan 25, 2020 19:30:07 #
The public domain consists of all the creative work to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable.
A public space is a place that is generally open and accessible to people. Roads (including the pavement), public squares, parks and beaches are typically considered public space.
A public space is a place that is generally open and accessible to people. Roads (including the pavement), public squares, parks and beaches are typically considered public space.
Jan 25, 2020 19:37:22 #
Longshadow wrote:
For me, courtesy and respect supersede my photography rights in a public domain.
True.
If you intend to photograph strangers in public you have to do is surreptitiously. If the subject doesn't see you taking the picture, you won't upset them. Once a person sees the camera, even if they don't mind being photographed, it will not be the image you expected. Sometimes frowns turn into big smiles, or their eyes focus on you instead of what/who they were looking at, etc.
Once they see you, then you should ask. If they say yes, take a picture and walk away. Go back in a few minutes and get the candid.
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