 BetterPhoto Member |
Legalities in taking public photos I had my photo taken in Rochdale UK as I drove past a group of men in my car. I did not stop to ask as I was with my children and felt threatened by the large group which was possibly a local religious group. I am concerned that my photo could be published in newsletter or something suggesting something bad. They did not have my permission to take the photo, I was not asked, just took the photo as I innocently drove past. I am now concerned what are the legal issues involved here can they do that? what if my photo gets published somewhere and affects my reputation/credibility or implies something bad, what can I do where do I stand can you help?? very concerned and angry. Many thanks
|
|
|
|
||
|
Myron |
Take a look at "The Photographer's Right". http://www.krages.com/phoright.htm I'm not sure how correctly legal it is, the guy does claim to be a lawyer though. I know it doesn't contain the answers you want. There is probably more to it though as the page is all slanted in the photographer's favor.
|
|
|
|
||
|
Kim Acheson |
Ok Im from the USA so this could be totaly differnt. From what I know here there is still debate on the issue. Dont quote me on this!!! but I belive that the idea is if you are in public then you basicly give up your rights. Meaning that anyone can take and use your photo if they wish. Now I know it was debated back and forth so that may have changed. I personaly always ask. I may take the shot and then ask but I figure it is a moral issue if nothing elce. Becides getting a natural moment can be hard if you ask first. Again I dont know for sure about this, just trying help.
|
|
|
|
||
|
John A. Lind |
A very important element here is "UK" and not the USA. Some aspects of privacy and the making and using of photographs of people differ greatly; others are very similar. One of the significant differences is the U.S. Constitution's First Amendment (Freedom of Speech) . . . but it doesn't protect *all* "speech" under *all* circumstances; only *most* speech under *most* circumstances. Important Caveat: Some general principles: From reading what you posted, you're worried about a lot of "what if" things in your own imagination that have not yet happened. In general, if anything does result to cause damage to you that is *undeserved* or *untrue*, your recourse is civil lawsuit to collect damages in the form of money to "make you whole" again. This is NOT punishment, but a repair, restoration or compensation for actual loss of some type as the result of willfully malicious intent to damage you, or by negligence that a reasonable and prudent person would realize could cause someone damage (or loss) . . . and that by using "due diligence" or "due care" . . . preventive measures a reasonable and prudent person would take . . . the damages to you would have been prevented. Therefore, to collect any compensation requires there be actual damages or loss, not imagined ones about what might happen or could happen to cause you damage, but have not occurred yet. Furthermore, you must be able to identify the party or parties who damaged you (who are you going to collect damages from if you cannot). In the U.S. there are so many situations in which a photographer does not legally need someone's permission to photograph them, that it's easier to list the situations in which it is legally required. Moral or ethical issues are a different matter entirely from legal ones. -- John Lind
|
|
|
|
||
|
Myron |
Ah, here's another handy link with a whole lot of information. http://www.danheller.com/model-release.html
|
|
|
|
||
|
Wing Wong |
Speaking from a US perspective and with the caveat that I am not a lawyer: People in public places are fair game for photographs. However, pictures taken like this which are without a model-release can only be used in fine art gallery prints and editorial uses. They cannot be used for advertisements and/or product branding kinds of shots or similar commericial use. Also, if the picture is used in such a way which slanders/defames you, then you have the right to sue for wrongfully portraying you. Once again, this is from a US perspective and from a non-lawyer. Wing Wong
|
|
|
|
||
|
This old forum is now archived. Use improved Forum here
Report this Thread |
||