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Old 10-24-2017, 01:26 PM   #121
carolina_yankee
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Originally Posted by Disney54us View Post
Didn't photos, videos and 'public shaming' actually make the Kardasians millionaires.....

As far as taking pictures of strangers, and using social media. From a legal standpoint, I would be careful with that. Of course if it's just the dog, unless the dog is internet famous then I don't think that is crossing the line of privacy.🐶
If you are in a public area (such as a resort pool), you have no expectation of privacy. It would be different if your image was being monetized.

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Old 10-24-2017, 01:29 PM   #122
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Children are a slippery slope as a minor can't consent. It actually breaks the rules of many social media platforms. Even adults have the ability to click and report a picture that is being used without their consent.
Several years back, at a swim club there was a man that people noticed taking pictures of the swim team. He was not a parent, it was a public area and yes the police got involved. They were not upskirts per say but still a invasion of a youth girls swim team. Legal or not.... the other thing if I was a person doing that would be to worry about the mom or dad not caring about the photo takers 'rights'. Sorry but if someone was taking a picture of my kids or myself for that matter without my permission, you are not leaving with that digital card or your phone in tack.��
And if I'm not break a law, you're going to answer for theft, and possibly assault.

I understand the concerns, very much so, but absent a "no photography allowed" sign (questionable in some circumstances, even) pictures of public activities taken in public areas for non-commercial purposes are generally legal. In good taste, that's a different question.

This isn't true in other countries, but it is in the US.

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Old 10-24-2017, 02:06 PM   #123
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If you are in a public area (such as a resort pool), you have no expectation of privacy. It would be different if your image was being monetized.

Dirk
Well in this day and age there really isn't any privacy. I try when taking pictures i.e. at a outing or even of my kids in the ocean to be curtious to a stranger who may be in my picture because it's a public place. I will crop the picture so that someone enjoying the beach doesn't end up on my social media because I want to post a pic of my kid. I realize it's not always possible but I actually do consider this when I post or wait till they move away or change my angle. And seriously, I don't want a bunch of strangers in my pictures. A resort pool is not publically owned so they can set rules to photography if they choose. social media depends on the platform how they handle reports.

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And if I'm not break a law, you're going to answer for theft, and possibly assault.

I understand the concerns, very much so, but absent a "no photography allowed" sign (questionable in some circumstances, even) pictures of public activities taken in public areas for non-commercial purposes are generally legal. In good taste, that's a different question.

This isn't true in other countries, but it is in the US.

Dirk
In general, yes. But if I'm at a park or a pool and you are taking pictures that have my kids in them even in 'good taste' and I ask you not to take pictures of my kids and you continue. I really don't care about in general and that it is legal. I can pretty much guarantee if I called the cops they would have a issue with a adult taking pictures and when asked not to, continued to do so.
As far as if I would be charged or not. I'll take my chances.
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Old 10-24-2017, 02:23 PM   #124
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Legally in a public place (at least in the US) anyone can photograph anything or anyone (including pets and children) and post those pictures anywhere they like (except of course for photos like surreptitious "upskirts").
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In general, yes. But if I'm at a park or a pool and you are taking pictures that have my kids in them even in 'good taste' and I ask you not to take pictures of my kids and you continue. I really don't care about in general and that it is legal. I can pretty much guarantee if I called the cops they would have a issue with a adult taking pictures and when asked not to, continued to do so.
As far as if I would be charged or not. I'll take my chances.
Yeah. That was my understanding. Though just because it's legal doesn't mean it's right, as Disney54us points out.

I feel like there have been some recent cases about who owns the rights to pictures taken by others. I think it was the ACLU who sued a photographer on behalf of a dog for having its likeness used in pictures that were sold (or something like that). Apparently the photographer settled!
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Old 10-24-2017, 07:29 PM   #125
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Well in this day and age there really isn't any privacy. I try when taking pictures i.e. at a outing or even of my kids in the ocean to be curtious to a stranger who may be in my picture because it's a public place. I will crop the picture so that someone enjoying the beach doesn't end up on my social media because I want to post a pic of my kid. I realize it's not always possible but I actually do consider this when I post or wait till they move away or change my angle. And seriously, I don't want a bunch of strangers in my pictures. A resort pool is not publically owned so they can set rules to photography if they choose. social media depends on the platform how they handle reports.



In general, yes. But if I'm at a park or a pool and you are taking pictures that have my kids in them even in 'good taste' and I ask you not to take pictures of my kids and you continue. I really don't care about in general and that it is legal. I can pretty much guarantee if I called the cops they would have a issue with a adult taking pictures and when asked not to, continued to do so.
As far as if I would be charged or not. I'll take my chances.
You changed the scenario from taking my memory card to calling the cops. Those are two different things.

Remember, my suggestion was to take pics of the smokers, not kids swimming in a pool.

Photographers should always be courteous and respectful and should never take a picture of somebody when asked not to. However, the First Amendment allows photographers plenty of freedom in public places. My whole point in pushing back was to make sure people aren’t under the misapprehension that they have rights they don’t have.

In your scenario, the police could indeed question the photographer and ask to see the pictures. I don’t think they could demand as no crime was committed. The camera is the photographer's personal property and cannot be seized or searched without probable cause or a warrant. Pics of people of any age in public places that do not involve illicit activity are not illegal.

Again, this whole thing is about my suggestion to catch a pic of adults breaking rules and I agree, I would never take a pic of a child as the object of the photo.

Dirk
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Old 10-24-2017, 07:46 PM   #126
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I changed the scenario...

.... I would never take a pic of a child as the object of the photo.

Dirk
What if a kid was smoking by the pool ?

Chris
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Old 10-24-2017, 08:07 PM   #127
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You changed the scenario from taking my memory card to calling the cops. Those are two different things.

Remember, my suggestion was to take pics of the smokers, not kids swimming in a pool.

Photographers should always be courteous and respectful and should never take a picture of somebody when asked not to. However, the First Amendment allows photographers plenty of freedom in public places. My whole point in pushing back was to make sure people arenít under the misapprehension that they have rights they donít have.

In your scenario, the police could indeed question the photographer and ask to see the pictures. I donít think they could demand as no crime was committed. The camera is the photographer's personal property and cannot be seized or searched without probable cause or a warrant. Pics of people of any age in public places that do not involve illicit activity are not illegal.

Again, this whole thing is about my suggestion to catch a pic of adults breaking rules and I agree, I would never take a pic of a child as the object of the photo.

Dirk
I understand what you are trying to say but I don't necessarily agree with pictures being used on social media because they were 'breaking the rules'. Personally for me I think it's a bit much, but there are people who will take pictures and post of people drunk, or of someone's rear and think that's okay. I don't, that's my perspective. Not a fan of the Hollywood crowd but I don't buy into well they wanted to be rich and famous, so. I think they derserve a certain degree of privacy and their children do. Every now and then, we see a star behaving 'badly'. When they grab that camera and smash it as they are leaving their house and taking their kid to school or several other scenarios. I kind of get it. There comes a point enough is enough. We could use some stricter laws here to ensure some rights to privacy or maybe just some decorum and not everything is click, share on social media.
I didn't change the scenario my mention of the police was pointing out legal or not or generally legal. That if I did, ask someone to stop and they didn't. I'm sure they may disagree about the legality. You need to watch more cop shows instead of lawyer shows to see how it's done, lol. Probable cause can be very open ended.
If someone was taking pictures in my direction of myself or my kids and refused to stop when asked. Yes, I would call the police. But the call then has to be dispatched and then a officer needs to respond....if said person decided they were going to leave with pictures of my children. I stand by what I first said not with a intact camera or phone if I can get to it.
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Old 10-24-2017, 11:34 PM   #128
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What if a kid was smoking by the pool ?

Chris
OMG the video of that would probably get a few million views on Youtube earning whoever posted it several thousand dollars.
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Old 10-24-2017, 11:38 PM   #129
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What if a kid was smoking by the pool ?

Chris
Particularly if it was a joint.

Cheers.
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Old 10-25-2017, 09:21 AM   #130
carolina_yankee
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OMG the video of that would probably get a few million views on Youtube earning whoever posted it several thousand dollars.
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Particularly if it was a joint.

Cheers.
Personally, I think the swimming dog would get the mot likes. And the comments section would be a hoot!

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