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DPChallenge Forums >> Photography Discussion >> 10 Misconceptions about Photography and the Law
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11/12/2010 10:40:00 AM · #1
Interesting article

//www.wppionline.com/newsletter/November2010/Business-Landscape.aspx

Tom
11/12/2010 11:06:18 AM · #2
Excellent article, exposing a land-mine of issues. I think what makes this even more hairy is that every country has their own laws, or maybe lack of laws, governing the issue. Not even thinking about enforcing the law/s.

I had an issue with a picture of a spitting girl I took and published in Korea, not commercially but on my photography club. The outcry, amazingly by the photographers, haunted me for some time. I lost confidence in my street photography and as such is hesitant to take a picture that I do not at least am sure the subject is seeing me taking. Or show them after the fact. sadly that inhibits a strength I have.


(Edit to add pix)

Message edited by author 2010-11-12 11:08:20.
11/12/2010 11:27:00 AM · #3
a nice summary, thanks for posting.

peter, i'm curious as to what type of outcry you got from other photographers. maybe it's a cultural thing? i ran into something similar in london a few years ago, but the outcry was from some overly sensitive parents...
11/12/2010 11:38:56 AM · #4
Originally posted by Skip:

a nice summary, thanks for posting.

peter, i'm curious as to what type of outcry you got from other photographers. maybe it's a cultural thing? i ran into something similar in london a few years ago, but the outcry was from some overly sensitive parents...


I was just gonna ask Peter the same thing....And Skip....They seemed a little overzelous, but as a dad, I would be leary of anyone that I didn't know taking pictures of my children, even though - personally - I love street photography.

Message edited by author 2010-11-12 11:40:28.
11/12/2010 11:41:06 AM · #5
I was crucified in the forums and missed a ban by withdrawing the picture. Yes, in this case it must be cultural. In summary, a collective feeling of inferiority and hypocritical 'We are being humiliated as a nation' is a dangerous combination. I was busy compiling a picture story called "THE SPITTING IMAGE OF SEOUL". LOL, brave or stupid, I still do not know. But spit in public, yes they do.
11/12/2010 11:01:21 PM · #6
Thanks. Most apply to US though. Inform yourself about what specific laws exist in your own countries to make sure.

Like here in Quebec. Photo radar was not allowed on our roads because it was forbidden to photograph someone without their permission. Now they've been introduced to our roadways but I haven't heard anything about certain laws being amended to let ourselves be photographed without prior permission. What I want to know is; can I photograph people without asking them first and get away with it? I can't find any information about this and the two cops I asked were too damn stupid to even know what I was talking about.

Message edited by author 2010-11-12 23:02:37.
11/13/2010 03:21:35 AM · #7
Jac, I have to wonder what will happen to Candids, Street Photography, in fact any photography involving people. Also have to wonder how and why the paparazzi gets away with what they do?
11/13/2010 03:38:37 AM · #8
My local police force recently issued guidance to it's officers following a number of high profile news cases across the country were photographers were getting harassed as "suspected terrorists", and officers were deleting images from their cameras.

It reminds officers

"There are no powers prohibiting the taking of photographs, films or digital images in a public place. Therefore members of the public and press should not be prevented from doing so".

It goes on to say

"Unnecessarily restricting photography, whether for the casual tourist or professional is unacceptable, and it undermines public confidence in the police service".

And finally

"Once an image has been recorded the police have no power to delete it without a court order".

Hopefully all the other police forces in the UK were issued similar guidance.
11/13/2010 10:18:32 AM · #9
Originally posted by Jac:

I can't find any information about this and the two cops I asked were too damn stupid to even know what I was talking about.


Perhaps this former police officer could enlighten you a tad. Look Here, Here, and Here

I would love to help you more, but I don't feel like it... you hurt my feelings. :O)

Ray
11/13/2010 10:20:30 AM · #10
@lawry, if only that were the norm. banmorn and i had an experience in a large train station a number of years ago where a beat patrolman hassled us, only to be reprimanded by his superior when we politely asked to speak to him. i've had other situations where i could do no better than to just walk away.

@jac, you might want to simply contact bert krages and ask if he could refer you to a similar canadian resource.

in the us, according to most law and rulings, you can photograph just about anything because it's not as much the taking of the photograph as it is what you do with it afterwards. unfortunately, most people jump the gun and want to prevent you from being able to do anything with it by denying you having it in the first place :~(
11/13/2010 10:25:25 AM · #11
Originally posted by Skip:



...in the us, according to most law and rulings, you can photograph just about anything because it's not as much the taking of the photograph as it is what you do with it afterwards. unfortunately, most people jump the gun and want to prevent you from being able to do anything with it by denying you having it in the first place :~(


One additional note on this one is that you also have to be aware of where you are and whether or not it is on private property or worse, forms part of some military installation.

Photographers do indeed have rights, but we also have obligations.

Ray
11/13/2010 10:54:48 AM · #12
Add to Ray's list the possibility of some federal buildings. The local federal court has a judicial order preventing photography from the premises. You can shoot from the road, but not on the court property. I personally think that if challenged the order would fail constitutionality, but who's going to challenge it?
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