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Is not a clown car
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2,191 Posts
Discussion Starter · #1 ·
There's enough of us here, and enough budding imagers that this probably should be posted up. Just an FYI. You old hands surely know the 'rules', and I know they've been touched upon here previously.
1. You can make a photograph of anything and anyone on any public property, except where a specific law prohibits it.
i.e. streets, sidewalks, town squares, parks, government buildings open to the public, and public libraries.
2. You may shoot on private property if it is open to the public, but you are obligated to stop if the owner requests it.
i.e. malls, retail stores, restaurants, banks, and office building lobbies.
3. Private property owners can prevent photography ON their property, but not photography OF their property from a public location.
4. Anyone can be photographed without consent when they are in a public place unless there is a reasonable expectation of privacy. i.e. private homes, restrooms, dressing rooms, medical facilities, and phone booths.
5. Despite common misconceptions, the following subjects are almost always permissible:
* accidents, fire scenes, criminal activities
* children, celebrities, law enforcement officers
* bridges, infrastructure, transportation facilities
* residential, commercial, and industrial buildings
6. Security is rarely an acceptable reason for restricting photography. Photographing from a public place cannot infringe on trade secrets, nor is it terrorist activity.
7. Private parties cannot detain you against your will unless a serious crime was committed in their presence. Those that do so may be subject to criminal and civil charges.
8. It is a crime for someone to threaten injury, detention, confiscation, or arrest because you are making photographs.
9. You are not obligated to provide your identity or reason for photographing unless questioned by a law enforcement officer and state law requires it.
10. Private parties have no right to confiscate your equipment without a court order. Even law enforcement officers must obtain one unless making an arrest. No one can force you to delete photos you have made. These are general guidelines regarding the right to make photos and should not be interpreted as legal advice. If you need legal help, please contact a lawyer.
 

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vexatious enigma
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4,696 Posts
Yes this is all true and technically the law according to the ASMP. That being said --- there are so many gray areas and areas up to interpretation and mood of the judge within photographic law that it creates good reason to fear the "law." Plus there are those who take the "law" into there own hands.
 

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had it in the ear before
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13,965 Posts
nude beaches are game on!
 

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hit it
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4,006 Posts
So the mall security guard can't stop me from taking a picture of the fountain from the median in the street?

Awesome.

I was told that I couldn't take "professional photographs" once. Apparently, I'm pro as fnck because I was using a tripod.
 

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Spicy Dumpling
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9,721 Posts
Stuff like this isn't helping things.. I'm sure a hoodie is a sure sign of a terrorist..

 

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waterproof*
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41,608 Posts
VaughnA said:
Stuff like this isn't helping things.. I'm sure a hoodie is a sure sign of a terrorist..

That guy's a moreon. Everybody knows you have to put the lens right up to the chain links or the shot is messed up.
 

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Beetpull DeLite
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12,749 Posts
VaughnA said:
Stuff like this isn't helping things.. I'm sure a hoodie is a sure sign of a terrorist..
Plus many ******** can't fathom that one might like to take pictures for fun. And their brother's mother's cousin's uncle is the sheriff in town and he makes up his own rules, so it's best to GTFO.
 

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Banned
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7,071 Posts
In Wisconsin, if you tape/photograph you and your girlfriend having teh seks and you don't get her permission for the taping/photographing, you can get jail time and will get a lifetime sex offender tag...
 

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had it in the ear before
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13,965 Posts
buck-50 said:
In Wisconsin, if you tape/photograph you and your girlfriend having teh seks and you don't get her permission for the taping/photographing, you can get jail time and will get a lifetime sex offender tag...
i wont tell on u....PM sent.
 

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donuts?
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8,945 Posts
you can have all the rights in the world... but the guy with the gun always wins. i spent 1.5 hours in the bracelets for taking pictures of trains for the Amtrak calendar contest in 2005.
 

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Jerkhard Sirdribbledick
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27,035 Posts
Creakyknees said:
That guy's a moreon. Everybody knows you have to put the lens right up to the chain links or the shot is messed up.
Maybe that was me ...




asciibaron said:
you can have all the rights in the world... but the guy with the gun always wins. i spent 1.5 hours in the bracelets for taking pictures of trains for the Amtrak calendar contest in 2005.
Pretty much this. Whenever I get shoulder-tapped by someone official (i.e. not just a mall security guard), my biggest fear is that they'll wipe/confiscate my card and I'd lose whatever I shot earlier that day. They may not have the right to do it, but I wouldn't be in much of a position to stop them.
 

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( ͡° ͜ʖ ͡°)
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8,107 Posts
I was reading a policeman's interwebz forum about this very topic the other day. Yes, any photograph is "legal" within a public forum, however, it's up to the photographer to use discretion on what exactly he's photographing. "Technically," taking pictures of a crime in progress is legal, however, that can get you in trouble for not reporting the crime. "Technically" taking pictures of a horrible accident is legal, however it's in poor taste and can hinder rescue/recovery efforts. "Technically," taking pictures of a cop writing you a ticket is legal, however, the cop doesn't want his picture all over the internet telling about how much of a d!ck he is...So, in order to prevent defamation of him and his department, he can legally ask you to delete the picture(s)...If you say no, the policeman can take that as probable cause and force you to delete them.

Basically, it boiled down to "don't be a dick with a camera," and you should be fine.
 

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vexatious enigma
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4,696 Posts
NUTT said:
So the mall security guard can't stop me from taking a picture of the fountain from the median in the street?

Awesome.

I was told that I couldn't take "professional photographs" once. Apparently, I'm pro as fnck because I was using a tripod.
Yeah, I really wonder at times what their basis for classifying someone as a pro is. It seems like you can have any kind of gear that you want but if you have a tripod then you are a pro. At what point do you look so pro that you look like you belong there? I did a job in Portland Ore. where I had at one point two assistants and a lighting rig. No one bothered me at all. I walked through a QFC with a model taking pictures in the isles. Not a peep. A teacher of mine had his camera on a tripod setting it up for a self portrait. He leaves the camera and an old woman comes by and knocks the whole thing over.
 

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Proud luddite
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7,190 Posts
asciibaron said:
you can have all the rights in the world... but the guy with the gun always wins. i spent 1.5 hours in the bracelets for taking pictures of trains for the Amtrak calendar contest in 2005.
Wow....the moderators on that train forum sure do play rough!
 

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Glue Sniffer
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4,598 Posts
buck-50 said:
In Wisconsin, if you tape/photograph you and your girlfriend having teh seks and you don't get her permission for the taping/photographing, you can get jail time and will get a lifetime sex offender tag...
Not for nothin', but videotaping someone having sex without their knowledge (or permission) seems like an offense worthy of jail time and a pervert labeling.

P.S. I like cheese curds.
 

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ReviewBikeRoad Member
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1,368 Posts
I've been stopped by all manner of security guards and "rent-a-cops" trying to play tough guy while I'm out taking photographs with "pro" gear... it gets really annoying.

More scary is that I've had random people, who I was not even paying attention to, THINK I was taking photos of them (paranoid much?) and get all crazy/defensive.... I worry about that more when I'm out than of cops and such, but I don't generally take pictures of people so that hasn't been much of an issue.
 

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haole from the mainland
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5,962 Posts
buck-50 said:
In Wisconsin, if you tape/photograph you and your girlfriend having teh seks and you don't get her permission for the taping/photographing, you can get jail time and will get a lifetime sex offender tag...
As someone should.
 

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Jerkhard Sirdribbledick
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27,035 Posts
old_fuji said:
I was reading a policeman's interwebz forum about this very topic the other day. Yes, any photograph is "legal" within a public forum, however, it's up to the photographer to use discretion on what exactly he's photographing. "Technically," taking pictures of a crime in progress is legal, however, that can get you in trouble for not reporting the crime. "Technically" taking pictures of a horrible accident is legal, however it's in poor taste and can hinder rescue/recovery efforts. "Technically," taking pictures of a cop writing you a ticket is legal, however, the cop doesn't want his picture all over the internet telling about how much of a d!ck he is...So, in order to prevent defamation of him and his department, he can legally ask you to delete the picture(s)...If you say no, the policeman can take that as probable cause and force you to delete them.

Basically, it boiled down to "don't be a dick with a camera," and you should be fine.
Something about this lacks credibility ... maybe that it's a bunch of cops sitting around talking about what they can do with our rights.
 

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Banned
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7,071 Posts
catzilla said:
Not for nothin', but videotaping someone having sex without their knowledge (or permission) seems like an offense worthy of jail time and a pervert labeling.

P.S. I like cheese curds.
Agreed!

pretty f'ing creepy. I've wondered how far the state would push that law- Our fair city recently busted a guy for taking pictures of the sunbathing college student ladies at one of the local parks. He had quite a collection, categorized and everything. Haven't heard much more about it which leads me to believe the case was either dropped or they have something else on him...

Either way, at what point does your right to take a picture turn into your subject's right to have you arrested?

Some would say "If you didn't want to get yer panties photographed, you shouldn't have worn a short skirt on your bike," and there's a bit of truth to that, though it sways dangerously close to "if she didn't want it, she shouldn't have dressed like that..."

Others would say "any photograph you aren't comfortable asking for is a photo you shouldn't take," and there's a bit of truth to that, but then there's a whole lot of journalistic photography that no one in their right mind would ask permission for...

I'm curious what y'all think. I know for me professionally, any shot that doesn't have a signed model release for every identifiable person in the shot is automatically considered poison and cannot be used, no matter how much we paid the photographer, no matter how perfect it is.
 

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Premium Member
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21,910 Posts
It is funny/ironic how I shoot all over DC at all times of day and night and have never had any of these sort of problems.

I even go when and where I know I am not supposed to; still no problems.......
 
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