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Old Jun 7, 2003, 10:43 AM   #1
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Default photography and the law!

ello,

i took some photos at a racing meeting of people just generally being people

and i'm wondering if there are any issue involved in printing / using them on my website

thanks

www.davidbaird.myby.co.uk
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Old Jun 7, 2003, 6:09 PM   #2
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This is discussed often in the newsgroups. Go to http://groups.google.com and search on "taking photos in public"

Here in the US taking pictures on public property is fair game. I'm no legal expert, but AFAIK anything visible to the public on public property is permitted. I recently went to a MLB (baseball) game and had concerns about taking my camera. I went to the MLB web page where it says that all cameras are permitted, including video cameras. I guess it depends on the rules of the arena you visited. Also, did you pay to be admitted to this event? That also can be a factor.
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Old Jun 7, 2003, 6:38 PM   #3
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UK (EU) and US law may be totally different. I once had an unfriendly encounter with a house owner as I was taking a pic of his house. I argued that as the building was visible from the public road, I was shooting from the highway and there was no person in shot, there was no intrusion of personal rights or privacy.

I gave the guy a business card and said 'have your lawyer contact me'. I found out afterwards the owner was a lawyer, no further contact was made so I reckon I'd rested my case!

My own interpretation has been if you can see things in a place where you and others have a right to be, then capturing a scene and sharing it with others, who could have had the same right to be there, but weren't is OK. Perhaps somebody working in UK for the press (The Sun?) could help with a better answer.
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Old Jun 7, 2003, 9:50 PM   #4
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I can't comment on UK law, but I have read a bit about US law. This is my understanding from what I have read, and I am no legal expert, so if I get you in trouble (because I'm wrong) I'm sorry, but it's not my fault that you didn't double check me. oh, and what I'm saying refers to US law... I know only a little about US law, I know nothing about the law outside the US. Ok, now that my ars is (sorta?) legally covered.

Check out this link:
http://www.popphoto.com/article.asp?...article_id=609

It's an article from popular photography which I found very useful.

voxmagna is correct about the situation he was in. If you set up in a "public" place that doesn't say "no pictures" and you take a picture of someone elses property, that is perfectly fine. If they didn't want you to take the picture, they should build high walls.

But the specific question from davebaird was about photographing people and how you use those photos.
Quote:
Originally Posted by Popular Photography
The basic, general rule is that you need a release from people to use photographs showing a recognizable likeness of them for purposes of trade or advertising.
If you are just printing them for your own use, that fine. If you are going to use them commercially then you need permission. If your web site has ads on it... then does using the pictures there count as "commercial"? I don't know. You do get money for people visiting... presumeably some visit to see the pictures. So that sounds commercial to me... but I'm not a lawyer. It's probably civil law, not criminal, so one of the photographed would have to sue. If they knew you were taking the pictures and you were posting them specifically to share with other members of the racing meeting, I doubt any would sue.
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Old Jun 13, 2003, 11:54 AM   #5
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As a journalist (in the UK) I need to know about this, and basically as long as you're on public property you can take photos of whatever you want, including subjects on private property visible from that public property. In such cases people may still try and sue you for invasion of privacey, but there isn't really a law surrounding this, and it's extremely unlikely anyway, unless you're a member of the paparazzi photographing celebrities (and if not you probably wouldn't be doing that anyway).
Technically you're even ok going onto private land, as you're not tresspassing until you're told to leave by the owner, at which point you must do so "as soon as reasonably possible".
The only real legal restrictions on photography here at all is when it comes to photographing court matters, such as witnesses etc (which I doubt you'll have to worry about).
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Old Jun 14, 2003, 4:35 AM   #6
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MrPogo goes further than I thought, . At one time my reasoning was 'if I can see, it I can photograph it'. I suppose when pics are in the personal domain that would be logical.

However, it's the publishing Law that needs the care and using long zoom lenses isn't exactly what you'd see with the naked eye!

How about all those cams they're putting up everywhere - even showing the pics in TV progs now.
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Old Jun 14, 2003, 8:52 PM   #7
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Don't take too many photos of kids!

People might get the wrong idea.

(Not a law, just good advice, I think.)
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Old Jun 15, 2003, 5:01 AM   #8
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thanks dizzy

i dont like kids, cause i still kinda am one!



well for a few more days legally
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Old Jun 15, 2003, 9:17 AM   #9
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And I just try to act like one!

Well, I spend way to much time being serious at work so I actively act non-serious whenever possible. :lol:
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