Ugly Hedgehog - Photography Forum
Home Active Topics Newest Pictures Search Login Register
Main Photography Discussion
What's off limits?
Page <prev 2 of 3 next>
Feb 2, 2013 12:50:19   #
jerryc41 Loc: Catskill Mts of NY
 
stonecherub wrote:
Hey, "no fan of the ACLU," what civil liberties do you not need? Which of your liberties are you willing to let me take away if I should come to dislike you? I just commented about this very topic in the very nasty "capital punishment" thread in "General chit-chat."

Rent and watch the original "Judgement at Nuremberg." Pay careful attention to the final scene.


Excellent!

http://movieclips.com/9Z2Lz-judgment-at-nuremberg-movie-judge-haywood-explains-his-ruling/


And not so excellent.
http://www.youtube.com/watch?v=PO6Zk5qkYcA

Reply
Feb 2, 2013 14:19:50   #
Wahawk Loc: NE IA
 
gettheshot wrote:
If I catch someone interedting or doing something that would make a good photo can I use it as I wish?


For your own enjoyment, yes, HOWEVER when it involves children and infants, you must be careful that the police don't interpret it as suspicion of being a "child molester".
Otherwise, as long as you do not use it for 'commercial profit' you can 'probably' use it for 'some' publication as a newsworthy photo.
HOWEVER, the subject (or subjects parents/guardians) can still sue you for 'invasion of privacy' or suspicion of wanting it for illegal purposes, so BE VERY CAUTIOUS unless you have LOTS of money to defend yourself.

Reply
Feb 2, 2013 14:31:05   #
gettheshot
 
All interesting points. Thank you all very much.

Reply
 
 
Feb 2, 2013 15:16:04   #
Lionsgate Loc: Sierra Vista, Arizona
 
The alternative: If you do photograph children in a park or other public venue and you can identify the parent(s), show them the photos. Offer them copies of some of the shots in exchange for a signed release. Don't forget to give them several (3-5) business cards and ask them to show the photos to other parents. If you frequent the same park let them know that you will be at that park the following Saturday or whenever during a specific set of hours. You will be surprised how many candid portrait jobs you will get.

UP-2-IT wrote:
gettheshot wrote:
If I catch someone interedting or doing something that would make a good photo can I use it as I wish?


I would definately suggest that you stay away from children unless they are your ow. That is getting to be thin ice and it's best to stay away.

Reply
Feb 2, 2013 16:35:31   #
SharpShooter Loc: NorCal
 
Wahawk wrote:
gettheshot wrote:
If I catch someone interedting or doing something that would make a good photo can I use it as I wish?


For your own enjoyment, yes, HOWEVER when it involves children and infants, you must be careful that the police don't interpret it as suspicion of being a "child molester".
Otherwise, as long as you do not use it for 'commercial profit' you can 'probably' use it for 'some' publication as a newsworthy photo.
HOWEVER, the subject (or subjects parents/guardians) can still sue you for 'invasion of privacy' or suspicion of wanting it for illegal purposes, so BE VERY CAUTIOUS unless you have LOTS of money to defend yourself.
quote=gettheshot If I catch someone interedting o... (show quote)


Shot, in today's age of paranoid, runaway helicopter parents, you make some points that have a lot of validity.
But it would be difficult to abuse a child strictly from a photograph.
And then you would have to find a lawyer ignorant enough of the law to invest time and energy into taking on a groundless case. Then the parent would have to be able to put up the $2-$3k retainer, assuming you could find such a fool.
Ignorant parents and photographers are a dime a dozen. But lawyers and judges know the law and are not so ignorant.
Your points are well taken, sometimes it's better to just move on. There will always be BETTER opportunities with NO hassle at all, if you know where to look. And a photographer needs to be savvy about excercising their rights.
This comes up A LOT here since there is also a lot of misinformation as well.
There are SO many hassle free opportunities with children, why waste your time with iffy public parks and strangers. Learn when and where to look.
Why are people so fixated on strange and unco-operative kids and homeless people? Take a page from Diane Arbus.

Reply
Feb 2, 2013 17:13:55   #
Gramps Loc: Republic of Tejas--Tomball, TX
 
MT Shooter wrote:
Being "in hiding" makes it hard to advise. But as it is a recognizable child, a release from the parents would be required for publication in any reputable media, especially for commercial useage. Always best to cover your liability.


It's highly objectionable and in some cases against the law to shoot pictures of minors and publish them. We had a law in FL and it is similar, here in TX, you don't advertise for Lester the Molester.

Reply
Feb 2, 2013 17:31:03   #
Trevor Dennis Loc: New Zealand (South Island)
 
Ask any paparazzi what is off limits, and if the subjects always give permission to publish the pictures. It's a daft argument IMO, or do PJs live under different laws?

Reply
 
 
Feb 2, 2013 17:53:04   #
Mpeter45 Loc: Springfield, Illinois
 
I have heard that The Joshua Tree and the Space Needle are not allows to be photographed. Anyone else heard this?

Reply
Feb 2, 2013 18:00:46   #
SharpShooter Loc: NorCal
 
Mpeter45 wrote:
I have heard that The Joshua Tree and the Space Needle are not allows to be photographed. Anyone else heard this?


You can not use their likeness in commercial advertising without a model release, just like everything else. For your personal gain or editorial(any kind of publication), its pretty much anything goes. I would ignore the Joshua tree thing. Even if it was growing in Obamas front yard.

Reply
Feb 2, 2013 18:02:21   #
Trevor Dennis Loc: New Zealand (South Island)
 
Mpeter45 wrote:
I have heard that The Joshua Tree and the Space Needle are not allows to be photographed. Anyone else heard this?


Would that be cultural or security? Ayers rock in Oz is culturally sensitive, but a highly photographed object.

Reply
Feb 2, 2013 19:06:10   #
PhotoArtsLA Loc: Boynton Beach
 
It is a good idea to have a regular model release for models of legal age, a Parental/Guardian model release for kids under legal age, and property releases to cover those backgrounds when they might be owned by someone.

Getting things in writing is important in the extreme if you plan on publishing the photos.

Reply
 
 
Feb 2, 2013 19:21:40   #
LoneRangeFinder Loc: Left field
 
stonecherub wrote:
Hey, "no fan of the ACLU," what civil liberties do you not need? Which of your liberties are you willing to let me take away if I should come to dislike you? I just commented about this very topic in the very nasty "capital punishment" thread in "General chit-chat."

Rent and watch the original "Judgement at Nuremberg." Pay careful attention to the final scene.


AMEN. Yes, the ACLU has some unpopular causes: free speech, individual rights, oh yeah, and that dirty little document known as the Constitution.

Reply
Feb 2, 2013 22:34:07   #
slickrock Loc: jacksonville
 
stonecherub wrote:
Hey, "no fan of the ACLU," what civil liberties do you not need? Which of your liberties are you willing to let me take away if I should come to dislike you? I just commented about this very topic in the very nasty "capital punishment" thread in "General chit-chat."

Rent and watch the original "Judgement at Nuremberg." Pay careful attention to the final scene.


:thumbup:

Reply
Feb 3, 2013 00:40:20   #
Photographer Jim Loc: Rio Vista, CA
 
Mpeter45 wrote:
I have heard that The Joshua Tree and the Space Needle are not allows to be photographed. Anyone else heard this?


No knowledge of restrictions on Space Needle. No problem with Joshua Tree, as with other National Park lands provided ---

Still photographers require a permit when

1. the activity takes place at location(s) where or when members of the public are generally not allowed; or

2. the activity uses model(s), sets(s), or prop(s) that are not a part of the location’s natural or cultural resources or administrative facilities; or

3. Park would incur additional administrative costs to monitor the activity.

Otherwise, shoot away.

Reply
Feb 3, 2013 03:02:02   #
BHC Loc: Strawberry Valley, JF, USA
 
acutance wrote:
You can take a photo anywhere in public, no problem there. But how to use the image? Most contests, and all commercial users of photos will insist on releases. However, editorial uses (here's a shot of the crowd at Times Square for New Year's Eve) don't require releases. But that skateboarder you shot on a rail in the park can't be sold to Nike for their next commercial, unless you can't recognize him, as that would be "commercial use" of his image. I doubt that Cartier-Bresson returned from where ever with a stack of model releases. "To appear in public is to consent to be photographed." Diane Arbus.
You can take a photo anywhere in public, no proble... (show quote)


Remember that HCB took very few pictures in his trips to the USA (concurrent with trips to Canada). His work was not covered by US law. In France, in most cases, you do not need a Model Release if the model is aware that a picture is being taken. A photograph by HCB was a highly sought after item and to be one of his subjects was an honor (although he seldom posed anyone). If you were photographed by HCB, it was an honor and nobody complained. Furthermore, almost of all of HCB's photography appeared as a news item or as a work of art; he wasn't into selling Nike's!

Reply
Page <prev 2 of 3 next>
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.