| Author |
Message |
WhoTurnedOffTheLights
Guest
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 Posted:
Wed Nov 09, 2005 5:40 am Post subject:
Photographing the public in public displays - Legalities and |
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Hello,
I'm curious about something. I've recently educated myself (or at least
barely tried) on the subject of photographing or videotaping the
public....something I don't care much about. I respect every tom, dick and
jane's privacy in this regard.
BUT, I wonder what rules or laws there might be in regard to photographing
and/or videotaping folks participating in a parade or a major sporting
event? I understand how the laws may very well differ from state to state in
the US. But wouldn't people taking part in a major parade be subject to
losing their rights to some extent in as far as being photographed by anyone
other than the major media? I mean as long as the photographer isn't
profiting from these photos or videos?
I'd appreciate any experiences or constructive comments on the subject.
Thanks in advance.
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Shawn Hirn
Guest
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| Posted:
Wed Nov 09, 2005 5:40 am Post subject:
Re: Photographing the public in public displays - Legalities |
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|
In article <rDccf.2119$Y97.1605@trndny05>,
"WhoTurnedOffTheLights" <Lights@light0987654321.com> wrote:
| Quote: | Hello,
I'm curious about something. I've recently educated myself (or at least
barely tried) on the subject of photographing or videotaping the
public....something I don't care much about. I respect every tom, dick and
jane's privacy in this regard.
BUT, I wonder what rules or laws there might be in regard to photographing
and/or videotaping folks participating in a parade or a major sporting
event? I understand how the laws may very well differ from state to state in
the US. But wouldn't people taking part in a major parade be subject to
losing their rights to some extent in as far as being photographed by anyone
other than the major media? I mean as long as the photographer isn't
profiting from these photos or videos?
I'd appreciate any experiences or constructive comments on the subject.
Thanks in advance.
|
Free legal advise is worth exactly what you pay for it. I am not an
attorney, but it seems to me that any participant in a public event on
public property has no reasonable expectation of privacy. Still, I doubt
that gives you or any other photographer the right to use a photo of
someone for commercial purposes, such as an advertisement, without
getting a signed agreement from that person. |
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WhoTurnedOffTheLights
Guest
|
| Posted:
Wed Nov 09, 2005 5:40 am Post subject:
Re: Photographing the public in public displays - Legalities |
|
|
"Shawn Hirn" <srhi@comcast.net> wrote in message
news:srhi-FCFA1D.23125208112005@news.giganews.com...
| Quote: | In article <rDccf.2119$Y97.1605@trndny05>,
"WhoTurnedOffTheLights" <Lights@light0987654321.com> wrote:
Hello,
I'm curious about something. I've recently educated myself (or at least
barely tried) on the subject of photographing or videotaping the
public....something I don't care much about. I respect every tom, dick
and
jane's privacy in this regard.
BUT, I wonder what rules or laws there might be in regard to
photographing
and/or videotaping folks participating in a parade or a major sporting
event? I understand how the laws may very well differ from state to state
in
the US. But wouldn't people taking part in a major parade be subject to
losing their rights to some extent in as far as being photographed by
anyone
other than the major media? I mean as long as the photographer isn't
profiting from these photos or videos?
I'd appreciate any experiences or constructive comments on the subject.
Thanks in advance.
Free legal advise is worth exactly what you pay for it.
|
Granted and well appreciated.
I think I might post this message within a LEGAL NG.
Thanks by the way. |
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Joseph Meehan
Guest
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| Posted:
Thu Nov 10, 2005 4:55 am Post subject:
Re: Photographing the public in public displays - Legalities |
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PTRAVEL wrote:
....
My my, you seem to be having a bad day. I am sorry to hear it.
Really, I suggest you come back and re-read all this in a couple of
days. Maybe it will all be better then.
--
Joseph Meehan
Dia duit |
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Joseph Meehan
Guest
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| Posted:
Thu Nov 10, 2005 5:00 am Post subject:
Re: Photographing the public in public displays - Legalities |
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PTRAVEL wrote:
| Quote: | "Joseph Meehan" <sligojoe_Spamno@hotmail.com> wrote in message
news:B4tcf.93048$Hs.32067@tornado.ohiordc.rr.com...
PTRAVEL wrote:
"Joseph Meehan" <sligojoe_Spamno@hotmail.com> wrote in message
news:kWrcf.124430$tD4.101814@tornado.ohiordc.rr.com...
PTRAVEL wrote:
...
Some very general comments.
If you are on public property and those you photograph are
also you can usually legally take the photo.
Always, not usually.
If you ask someone to be in the photo or even to just turn
this or that way, all bets are off.
Nonsense.
Once you ask your use of the photo becomes greatly restricted.
You will need a model release for most uses.
Sorry, but you're wrong. If you are in public you have no
expectation of privacy and anyone can take your picture -- no
permission is necessary. Taking the picture and using it are two
completely different questions. Regardless of whether you are in
public, right of publicity laws in most jurisdictions preclude the
commercial appropriation of likeness without permission (note the
word "commercial").
While they may never object or likely
will not know what you do or care, the liability has been opened
up.
Sorry, but that's completely wrong.
Frankly I don't think so.
And where did you receive your legal education? What states have
licensed you to provide legal advice?
|
What legal advice have I offered other than to suggest checking with a
local attorney?
| Quote: |
This like all issues is not as simple as it may seem, or as
simple as I have presented it. If you really want to know, you
need to know all the details and ask a local legal authority.
I am an attorney.
Apparently not a very good one.
Do a google search on my name before you make any more truly stupid
statements.
A good attorney would not have said
"Sorry, but that's completely wrong" in my opinion.
Why? You're completely wrong.
|
Having a bad day are we?
| Quote: |
What is your area of
practice? How much experience have you had in the subject under
discussion?
I'm a partner in a national law firm. My area of practice is
intellectual property law. As I said, do a google search before you
dig yourself into an even deeper hole.
|
So you are really out of your area?
| Quote: |
Paul N. Tauger, Esq.
Cal. State Bar No. 160552
It is not wise to photograph children when you can identify
them as individuals, or for that matter to photograph them at
all.
More nonsense. There's no _legal_ impediment to photographing
anyone in a public place.
Keep in mind, I did explain there was a difference in taking
the photo and using it.
There is a difference. However, if a minor is in public, they are
fair game, just like anyone else.
40 years ago I would have said yes, today... it's a different
world.
The law (and the Constitution) hasn't changed in this regard.
|
40 years ago I doubt if someone photographing a bare bottom toddler at
the beach would have had any problems. Today, I would not touch a photo
like that.
40 years ago I was in professional photography.
Times have changed, I would want a lawyer who realized that if I were
choosing one today.
| Quote: |
Just try using someone's embarrassing photo in a commercial
advertisement without a model release.
That's a completely different issue and unrelated to the statement
re: not photographing minors in public.
--
Joseph Meehan
Dia duit
--
Joseph Meehan
Dia duit
|
--
Joseph Meehan
Dia duit |
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PTRAVEL
Guest
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| Posted:
Thu Nov 10, 2005 5:25 am Post subject:
Re: Photographing the public in public displays - Legalities |
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"Joseph Meehan" <sligojoe_Spamno@hotmail.com> wrote in message
news:6cvcf.196621$lI5.109415@tornado.ohiordc.rr.com...
| Quote: | PTRAVEL wrote:
"Joseph Meehan" <sligojoe_Spamno@hotmail.com> wrote in message
news:B4tcf.93048$Hs.32067@tornado.ohiordc.rr.com...
PTRAVEL wrote:
"Joseph Meehan" <sligojoe_Spamno@hotmail.com> wrote in message
news:kWrcf.124430$tD4.101814@tornado.ohiordc.rr.com...
PTRAVEL wrote:
...
Some very general comments.
If you are on public property and those you photograph are
also you can usually legally take the photo.
Always, not usually.
If you ask someone to be in the photo or even to just turn
this or that way, all bets are off.
Nonsense.
Once you ask your use of the photo becomes greatly restricted.
You will need a model release for most uses.
Sorry, but you're wrong. If you are in public you have no
expectation of privacy and anyone can take your picture -- no
permission is necessary. Taking the picture and using it are two
completely different questions. Regardless of whether you are in
public, right of publicity laws in most jurisdictions preclude the
commercial appropriation of likeness without permission (note the
word "commercial").
While they may never object or likely
will not know what you do or care, the liability has been opened
up.
Sorry, but that's completely wrong.
Frankly I don't think so.
And where did you receive your legal education? What states have
licensed you to provide legal advice?
What legal advice have I offered other than to suggest checking with a
local attorney?
|
You miss the point, which is not whether or not you have offered legal
advice, but, rather, who are you to tell a licensed attorney who practices
in this area that he is wrong.
| Quote: |
This like all issues is not as simple as it may seem, or as
simple as I have presented it. If you really want to know, you
need to know all the details and ask a local legal authority.
I am an attorney.
Apparently not a very good one.
Do a google search on my name before you make any more truly stupid
statements.
A good attorney would not have said
"Sorry, but that's completely wrong" in my opinion.
Why? You're completely wrong.
Having a bad day are we?
|
Um, no, I'm not. You, however, said some things about the state of the law
which were wrong. Do you think you're the Pope? Do you think you're
infallible?
| Quote: |
What is your area of
practice? How much experience have you had in the subject under
discussion?
I'm a partner in a national law firm. My area of practice is
intellectual property law. As I said, do a google search before you
dig yourself into an even deeper hole.
So you are really out of your area?
|
No, I'm not out of my area. As I said, do a google search before you
embarass yourself further.
| Quote: |
Paul N. Tauger, Esq.
Cal. State Bar No. 160552
It is not wise to photograph children when you can identify
them as individuals, or for that matter to photograph them at
all.
More nonsense. There's no _legal_ impediment to photographing
anyone in a public place.
Keep in mind, I did explain there was a difference in taking
the photo and using it.
There is a difference. However, if a minor is in public, they are
fair game, just like anyone else.
40 years ago I would have said yes, today... it's a different
world.
The law (and the Constitution) hasn't changed in this regard.
40 years ago I doubt if someone photographing a bare bottom toddler at
the beach would have had any problems. Today, I would not touch a photo
like that.
|
As I said, neither the law nor the Constitution has changed in this regard.
| Quote: |
40 years ago I was in professional photography.
Times have changed, I would want a lawyer who realized that if I were
choosing one today.
|
Most people want a lawyer who understands the law. You, evidently, are one
of those people who wants a lawyer who will agree with you, even when you're
wrong.
You were wrong, and you remain wrong.
| Quote: |
Just try using someone's embarrassing photo in a commercial
advertisement without a model release.
That's a completely different issue and unrelated to the statement
re: not photographing minors in public.
--
Joseph Meehan
Dia duit
--
Joseph Meehan
Dia duit
--
Joseph Meehan
Dia duit
|
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Bill Funk
Guest
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| Posted:
Thu Nov 10, 2005 5:41 am Post subject:
Re: Photographing the public in public displays - Legalities |
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On Wed, 09 Nov 2005 16:07:34 GMT, "WhoTurnedOffTheLights"
<Lights@light0987654321.com> wrote:
| Quote: | Parades and major sporting events are very different things.
Parades are, for the most part, very public, while major sporting
events aren't.
Public events can be shot to yoru heart's content, while the sporting
events very often have limits placed on all sorts of things by the
owners of the event. Like photography.
OH, you see, I didn't know that. That is your mention of limitations on
photography at sporting events.
|
Wow! You've never neen to a major sporting event?
I have been to very few, but I know many who have been to a lot (even
Az Cardinals games!). I've even seen tickets for such events. :-)
Photography is one of the things limited there n(but usually not
prohibited). Outside food isn't allowed either.
--
Bill Funk
Replace "g" with "a"
funktionality.blogspot.com |
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Bill Funk
Guest
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| Posted:
Thu Nov 10, 2005 5:41 am Post subject:
Re: Photographing the public in public displays - Legalities |
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On Wed, 09 Nov 2005 16:13:07 GMT, "WhoTurnedOffTheLights"
<Lights@light0987654321.com> wrote:
| Quote: |
"Bill Funk" <BigBill@pipping.com.com> wrote in message
news:ic74n1hd1tb7k4s1ckvsg0s6lql7iocbe9@4ax.com...
On Wed, 09 Nov 2005 15:42:13 GMT, "WhoTurnedOffTheLights"
Lights@light0987654321.com> wrote:
"Bill Funk" <BigBill@pipping.com.com> wrote in message
news:ln54n1pb61uc1stotr3kqevro5eupun6f0@4ax.com...
On Wed, 09 Nov 2005 15:15:21 GMT, "Joseph Meehan"
sligojoe_Spamno@hotmail.com> wrote:
If you ask someone to be in the photo or even to just turn this or
that
way, all bets are off.
Why?
All they can do is refuse or comply.
If you walk up to a stranger in the street and ask if you can take their
picture, they could comply but that doesn't mean they know what your
intentions are thereafter.
So?
If they don't know, but want to know, they can ask. I don't have to
answer. They don't have to say yes. I can still take their picture.
Of course you can. Actually in almost any major city that attracts throngs
of tourists, you can easily find them shooting photos and video to their
hearts content with total disregard for their surroundings and those folks
around them.
BUT, they would not know what your intentions are after you take the photo.
That is, whether you're going to go off and post these photos on a website,
or put up a video on the web. THUS, the legal ramifications.
|
What legal ramifications? I don't now of any. Can you point some out?
| Quote: |
Of course if they're marching in a Major Parade
then I'd think they would know that they're going to be videotaped and
photographed repeatedly....Say, a hundred thousand times or more?
In a city such as mine, virtually every single parade is covered by the
local media....Of Course, some more than others with attendances usually
surpassing beyond half a million.
So what's that got to do with asking someone to be in the photo or
turn this way or that?
Nothing at all Bill. I'm simply trying to revert the direction back to my
original question which IS ABOUT parades and sporting events. I in turn
could of course ask what your input had to do with the original
question?...but your input is appreciated by me regardless....So thanks.
I read the question or comment to be that there are legal problems |
with people not knowing what I might do with photos I take at a
parade.
I'm saying, "What problems?" I can't find any.
That someone doesn't know what I will do isn't a problem to me. Their
*not knowing* may be a problem to them, but not to me. And if they
don't know, that's certianly not an implication that I will do
something illegal.
--
Bill Funk
Replace "g" with "a"
funktionality.blogspot.com |
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WhoTurnedOffTheLights
Guest
|
| Posted:
Thu Nov 10, 2005 5:41 am Post subject:
Re: Photographing the public in public displays - Legalities |
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"Bill Funk" <BigBill@pipping.com.com> wrote in message
news:sr25n11vrhci43b8tlfknfocqea6dif9kv@4ax.com...
| Quote: | On Wed, 09 Nov 2005 16:07:34 GMT, "WhoTurnedOffTheLights"
Lights@light0987654321.com> wrote:
Parades and major sporting events are very different things.
Parades are, for the most part, very public, while major sporting
events aren't.
Public events can be shot to yoru heart's content, while the sporting
events very often have limits placed on all sorts of things by the
owners of the event. Like photography.
OH, you see, I didn't know that. That is your mention of limitations on
photography at sporting events.
Wow! You've never neen to a major sporting event?
I have been to very few, but I know many who have been to a lot (even
Az Cardinals games!). I've even seen tickets for such events. :-)
Photography is one of the things limited there n(but usually not
prohibited). Outside food isn't allowed either.
|
I have but that was long before I ever had an interest in photography. I was
thinking about the future. |
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WhoTurnedOffTheLights
Guest
|
| Posted:
Thu Nov 10, 2005 5:41 am Post subject:
Re: Photographing the public in public displays - Legalities |
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"Bill Funk" <BigBill@pipping.com.com> wrote in message
news:9135n1h9qag4bblj9po5vo1faqhce7pg7b@4ax.com...
| Quote: | On Wed, 09 Nov 2005 16:13:07 GMT, "WhoTurnedOffTheLights"
Lights@light0987654321.com> wrote:
"Bill Funk" <BigBill@pipping.com.com> wrote in message
news:ic74n1hd1tb7k4s1ckvsg0s6lql7iocbe9@4ax.com...
On Wed, 09 Nov 2005 15:42:13 GMT, "WhoTurnedOffTheLights"
Lights@light0987654321.com> wrote:
"Bill Funk" <BigBill@pipping.com.com> wrote in message
news:ln54n1pb61uc1stotr3kqevro5eupun6f0@4ax.com...
On Wed, 09 Nov 2005 15:15:21 GMT, "Joseph Meehan"
sligojoe_Spamno@hotmail.com> wrote:
If you ask someone to be in the photo or even to just turn this or
that
way, all bets are off.
Why?
All they can do is refuse or comply.
If you walk up to a stranger in the street and ask if you can take their
picture, they could comply but that doesn't mean they know what your
intentions are thereafter.
So?
If they don't know, but want to know, they can ask. I don't have to
answer. They don't have to say yes. I can still take their picture.
Of course you can. Actually in almost any major city that attracts throngs
of tourists, you can easily find them shooting photos and video to their
hearts content with total disregard for their surroundings and those folks
around them.
BUT, they would not know what your intentions are after you take the
photo.
That is, whether you're going to go off and post these photos on a
website,
or put up a video on the web. THUS, the legal ramifications.
What legal ramifications? I don't now of any. Can you point some out?
|
I'm not going to get into an argument on symantecs with you buddy. So I'll
let this go as is. 'all the best.
| Quote: |
Of course if they're marching in a Major Parade
then I'd think they would know that they're going to be videotaped and
photographed repeatedly....Say, a hundred thousand times or more?
In a city such as mine, virtually every single parade is covered by the
local media....Of Course, some more than others with attendances usually
surpassing beyond half a million.
So what's that got to do with asking someone to be in the photo or
turn this way or that?
Nothing at all Bill. I'm simply trying to revert the direction back to my
original question which IS ABOUT parades and sporting events. I in turn
could of course ask what your input had to do with the original
question?...but your input is appreciated by me regardless....So thanks.
I read the question or comment to be that there are legal problems
with people not knowing what I might do with photos I take at a
parade.
I'm saying, "What problems?" I can't find any.
That someone doesn't know what I will do isn't a problem to me. Their
*not knowing* may be a problem to them, but not to me. And if they
don't know, that's certianly not an implication that I will do
something illegal.
|
and if you own a website that gets a huge number of visitors and is
frequented by enough folks in your area then there you go. Putting up photos
of someone who's been in a parade might rub them the wrong way When and If
they come across such posted photos. A court of law would of course decide
that in the end after such person decides to pursue a lawsuit. Thus the
reasoning behind my original question.
Whether you don't do something illegal has nothing to do with it. No one
wants to have to deal with the headache of a lawsuit. Let's face it. It's a
Lawsuit-Happy world we live in today.
BTW, loosen that girdle of yours and don't be so defensive. I'm not
attacking you. |
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Floyd Davidson
Guest
|
| Posted:
Thu Nov 10, 2005 5:41 am Post subject:
Re: Photographing the public in public displays - Legalities |
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"Joseph Meehan" <sligojoe_Spamno@hotmail.com> wrote:
| Quote: | PTRAVEL wrote:
You miss the point, which is not whether or not you have offered legal
advice, but, rather, who are you to tell a licensed attorney who
practices in this area that he is wrong.
I'm Joe Meehan. If you are wrong, then you are wrong. Frankly I don't
believe you have been "wrong" but I do believe you have offered some
|
Frankly, you stuck your foot in your mouth and bit it off up to
the knee.
You obviously don't actually have any expertise, but will say
anything necessary to support your opinion of what the facts
should be.
| Quote: | I'm a partner in a national law firm. My area of practice is
intellectual property law. As I said, do a google search before
you dig yourself into an even deeper hole.
So you are really out of your area?
|
That one had me rolling on the floor. You are trying to claim
your opinion on Intellectual Property Law is authoritative, and
you don't even know that is what you are talking about.
--
Floyd L. Davidson http://www.apaflo.com/floyd_davidson
Ukpeagvik (Barrow, Alaska) floyd@apaflo.com |
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Floyd Davidson
Guest
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| Posted:
Thu Nov 10, 2005 5:41 am Post subject:
Re: Photographing the public in public displays - Legalities |
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Iraxl Enb <noone@invalid.email> wrote:
| Quote: |
Again, you need to check with a local legal authority.
All the more reasons why the non-attorneys in this group
should be careful
about their pronouncements regarding what is and is not legal.
This is getting interesting, though getting kind of
OT... Can someone be sued if they give legal sounding
advice on a usenet group without claiming any legal
training ot knowlegde?
|
The success of such a suit might be very unlikely... :-)
However, one of the odd quirks is that you and I don't run much
risk, but PTRAVEL does. He actually *is* licensed to provide
"Legal Advice" and while you and I can claim any damned fool who
thinks we gave them legal advice got what they deserved, he has
to be very careful to not accidentally indicate to someone that
his personal opinion is a valid legal opinion.
--
Floyd L. Davidson http://www.apaflo.com/floyd_davidson
Ukpeagvik (Barrow, Alaska) floyd@apaflo.com |
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cjcampbell
Guest
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| Posted:
Thu Nov 10, 2005 5:41 am Post subject:
Re: Photographing the public in public displays - Legalities |
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All of this is mostly wrong, which is why you should get competent
legal advice. Specific comments follow.
Joseph Meehan wrote:
| Quote: |
The question may be more complex that you are thinking. It is not only
a question of what photos may be legally taken, but also what uses may be
made of them.
Some very general comments.
If you are on public property and those you photograph are also you can
usually legally take the photo.
|
Yes, that is true. It is also true that if those you photograph are on
private property but you are on public property you may legally take
the photo, unless they are inside someplace where they have a
reasonable expectation of privacy, such as a private home. Even then,
someone sitting on a windowsill would have a tough time claiming an
expectation of privacy. In general, freedom of the press trumps most
privacy rights.
You may not have the right to walk up to a window and start
photographing everyone in the room, but you may take pictures of people
standing in doorways, on top of buildings, etc.
Most major sporting events take place on private property. The owner
has the right to restrict photography while you are on his property in
any way he sees fit. Most commercial teams do not mind you taking
pictures of the event. They will want a fee if you publish them,
because they make big money selling the right to publish to networks
and news stations. He cannot send his goons out to stop you from
standing across the street and taking pictures of people entering or
leaving the stadium.
| Quote: |
If you ask someone to be in the photo or even to just turn this or that
way, all bets are off.
|
Complete nonsense.
| Quote: |
It is not wise to photograph children when you can identify them as
individuals, or for that matter to photograph them at all.
Use of identifiable images for any commercial use requires a model
release.
|
Also complete nonsense. If it were true, all the newspapers in the
world would be out of business tomorrow. In the USA, freedom of the
press is such that anyone can call himself a news photographer.
Using the pictures to advertise a product is more restrictive, and
using pictures of children to advertise products is more restrictive
still, depending on the state.
| Quote: |
If you really want to know, get specific details and consult a local
attorney.
--
Joseph Meehan
Dia duit |
|
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Joseph Meehan
Guest
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| Posted:
Thu Nov 10, 2005 5:41 am Post subject:
Re: Photographing the public in public displays - Legalities |
|
|
PTRAVEL wrote:
| Quote: | "Joseph Meehan" <sligojoe_Spamno@hotmail.com> wrote in message
news:6cvcf.196621$lI5.109415@tornado.ohiordc.rr.com...
PTRAVEL wrote:
"Joseph Meehan" <sligojoe_Spamno@hotmail.com> wrote in message
news:B4tcf.93048$Hs.32067@tornado.ohiordc.rr.com...
PTRAVEL wrote:
"Joseph Meehan" <sligojoe_Spamno@hotmail.com> wrote in message
news:kWrcf.124430$tD4.101814@tornado.ohiordc.rr.com...
PTRAVEL wrote:
...
Some very general comments.
If you are on public property and those you photograph
are also you can usually legally take the photo.
Always, not usually.
If you ask someone to be in the photo or even to just
turn this or that way, all bets are off.
Nonsense.
Once you ask your use of the photo becomes greatly
restricted. You will need a model release for most uses.
Sorry, but you're wrong. If you are in public you have no
expectation of privacy and anyone can take your picture -- no
permission is necessary. Taking the picture and using it are two
completely different questions. Regardless of whether you are in
public, right of publicity laws in most jurisdictions preclude
the commercial appropriation of likeness without permission
(note the word "commercial").
While they may never object or likely
will not know what you do or care, the liability has been
opened up.
Sorry, but that's completely wrong.
Frankly I don't think so.
And where did you receive your legal education? What states have
licensed you to provide legal advice?
What legal advice have I offered other than to suggest checking
with a local attorney?
You miss the point, which is not whether or not you have offered legal
advice, but, rather, who are you to tell a licensed attorney who
practices in this area that he is wrong.
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I'm Joe Meehan. If you are wrong, then you are wrong. Frankly I don't
believe you have been "wrong" but I do believe you have offered some
incomplete advice and seem unwilling to accept that. I accept that mine has
been incomplete and even some of it could be wrong, which is why I recommend
that if anyone has a serious question in this matter that the consult a
local attorney so the details of their specific situation may be fully
discussed and advice given based on those needs and not the general needs we
can offer here.
| Quote: |
This like all issues is not as simple as it may seem, or as
simple as I have presented it. If you really want to know, you
need to know all the details and ask a local legal authority.
I am an attorney.
Apparently not a very good one.
Do a google search on my name before you make any more truly stupid
statements.
A good attorney would not have said
"Sorry, but that's completely wrong" in my opinion.
Why? You're completely wrong.
Having a bad day are we?
Um, no, I'm not. You, however, said some things about the state of
the law which were wrong. Do you think you're the Pope? Do you
think you're infallible?
What is your area of
practice? How much experience have you had in the subject under
discussion?
I'm a partner in a national law firm. My area of practice is
intellectual property law. As I said, do a google search before
you dig yourself into an even deeper hole.
So you are really out of your area?
No, I'm not out of my area. As I said, do a google search before you
embarass yourself further.
Paul N. Tauger, Esq.
Cal. State Bar No. 160552
It is not wise to photograph children when you can
identify them as individuals, or for that matter to
photograph them at all.
More nonsense. There's no _legal_ impediment to
photographing anyone in a public place.
Keep in mind, I did explain there was a difference in
taking the photo and using it.
There is a difference. However, if a minor is in public, they
are fair game, just like anyone else.
40 years ago I would have said yes, today... it's a different
world.
The law (and the Constitution) hasn't changed in this regard.
40 years ago I doubt if someone photographing a bare bottom
toddler at the beach would have had any problems. Today, I would
not touch a photo like that.
As I said, neither the law nor the Constitution has changed in this
regard.
40 years ago I was in professional photography.
Times have changed, I would want a lawyer who realized that if I
were choosing one today.
Most people want a lawyer who understands the law. You, evidently,
are one of those people who wants a lawyer who will agree with you,
even when you're wrong.
You were wrong, and you remain wrong.
Just try using someone's embarrassing photo in a commercial
advertisement without a model release.
That's a completely different issue and unrelated to the
statement re: not photographing minors in public.
--
Joseph Meehan
Dia duit
--
Joseph Meehan
Dia duit
--
Joseph Meehan
Dia duit
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--
Joseph Meehan
Dia duit |
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Roger N. Clark (change us
Guest
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| Posted:
Sun Nov 13, 2005 5:41 am Post subject:
Re: Photographing the public in public displays - Legalities |
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PTRAVEL wrote:
| Quote: | "Joseph Meehan" <sligojoe_Spamno@hotmail.com> wrote in message
news:%Wrcf.124431$tD4.91385@tornado.ohiordc.rr.com...
Bill Funk wrote:
On Wed, 09 Nov 2005 15:15:21 GMT, "Joseph Meehan"
sligojoe_Spamno@hotmail.com> wrote:
If you ask someone to be in the photo or even to just turn this or
that way, all bets are off.
Why?
All they can do is refuse or comply.
Generally you can still take the photo, but you may not be allowed to
display it publicly.
Why not? Commerical appropriation of likeness is precluded, as are uses
that might constitute defamation. The mere act of public display, however,
is not precluded.
|
How about an example? Here is a photo I took in Katmai
National Park in Alaska. The group of people was looking
at a bear. I thought the group huddled in a tight
place was more interesting than the bear!
http://www.clarkvision.com/tmp/katmai.09.2004.IMG_7909.b-700.jpg
Could a photo like this be published, say in a book about
Katmai? Or a web site?
Roger |
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