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Author Topic: taking candids is illegal?
markymark88
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i heard its illegal to take pics of others withour their constent. including their feet.
also isnt morally wrong to record others or take pictures of others without them knowning"

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DLipsch
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Information below applies only to the United States:

Legally, it depends where you're doing the filming. If it's in a public place (on the street or a sidewalk, for example) or if you can see it from a public place, it's fair game to tape it, film it, take pictures, whatever. There are certain things you cannot do in some cities or states, such as upskirt photos, but everything else basically is on the table.

Also, remember that a business (such as a shop or a restaurant) is NOT a public place, so there may be entanglements if you're physically on the premises. You can, however, stand on the street and photograph someone who's inside a business.

While not divulging what I do for a living, let's just say I know the pertinent laws very well.

Morally, it's between you and your god.

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Iohannes Volk
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If it was illegal to take pictures without consent, there would be no such thing as paparazzi.
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Bondo Left
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quote:
Originally posted by Salvy_Mic:
If it was illegal to take pictures without consent, there would be no such thing as paparazzi.

I like that analogy.

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F18Hornet
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Salvy_Mic, I like your thinking.

Mark, I answered a similar question last year. Check out my post (the last) at the end of this thread:

http://www.wusfeetlinks.com/ubbcgi/ultimatebb.cgi?ubb=get_topic;f=41;t=003845

Hope that helps. I should stress, of course, that I am UK based and the content of my response in no way constitutes professional legal advice; the thoughts expressed in my post are opinion only.

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FootLongSub Zero
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I do it all the time with my phone... pics/clips...What they don't know don't hurt em'? [Confused] (shrugging shoulders)

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"When this baby hits 88 miles per hour, you're gonna see some serious shit" - Dr Emmit L. Brown (Back To The Future)

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Taurus
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I don't know if it's legal to take pictures of people without their consent.
Celebrities are a different thing I think they have a special law for papperazi to film them to certain degree but taking pictures of civilians without their knowledge especially for sexual gratification or commercial purposes I don't know if that is fully legal.

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Craigy boy
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There is a big hassle here in Oz at the moment. Lots of upskirt sneaky pics been taken on trains etc. New legislation in Victoria is being rushed through. We had a few arrests at our Aussie tennis open as well.

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Aussies rule!
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manolojchoo
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With Google's new street view feature, there has been a lot of discussion in the news lately about the program's legality. For example, one of the photos was of a guy in front of a strip joint in San Francisco; another in front of an adult book store; also one of a clearly viewable license plate. The general consensus among consitutional lawyers and other privacy experts appears to be in line with dicklipschitz's post. In fact, here is a quote from one news article on the matter: "Edward A. Jurkevics, a principal at Chesapeake Analytics, a consulting firm specializing in mapping and imagery, said that courts have consistently ruled that people in public spaces can be photographed. 'In terms of privacy, I doubt if there is much of a problem,' Mr. Jurkevics said." However, one privacy expert suggested that for Google to be one hundred percent squeaky clean on this issue, they should blur out any faces that are clearly visible. Right now, Google has a policy that if you find your photo on their site and want it removed, just write them and they will remove it.

Okay, so legally it looks like you're okay. But, I think the more appropriate question is: Is it the right thing to do? Basically, you are taking such "candids" for one of three reasons: 1) As masturbatory material; 2) To publish on the net; or 3) Both. So, knowing this, how would you react then if you knew that some guy was taking such photos of your wife, girlfriend, sister, daughter, or mother? Would you be comfortable with it? Me, I'd be outraged. And if I caught you, I'd cut your nuts off right then and there! And, please, none of that lame "I'm just taking pictures of their feet!" nonsense. You wouldn't be on this site if they were "just feet" to you.

It seems to me that it is one thing to ogle a girl in public--legs, feet, shoes, whatever--until she tells you to buzz off, that is. But it's quite another to take photos of that girl without her permission. So, next time grow a pair and ask that permission before snapping away.

mjc

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Eliza Durden
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quote:
Originally posted by FootLongSub Zero:
I do it all the time with my phone... pics/clips...What they don't know don't hurt em'? [Confused] (shrugging shoulders)

If some guy was banging your wife/gf and said "I do it all the time. What he doesn't know won't hurt him"

How would you feel about that?

I don't think I would be upset if I found my feet posted on someone else's site as a candid, (I'd probably ask for my share of the $$$), but I just don't think that is a good way for you to justify taking them by making a statement like that.

As far as I know it is totally legal to take the photos. I don't think you can sell them without permission.

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Solelvr 20,020
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Even "feet only pics"??? How could that be justified??? Would they compare their feet to the pics???

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I thought I was wrong, but I was mistaken.

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DLipsch
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quote:
Originally posted by Taurus:
I don't know if it's legal to take pictures of people without their consent.

In the United States, it's perfectly fine in most circumstances. See my note above, and continue reading here as well.

quote:
Originally posted by Taurus:
Celebrities are a different thing I think they have a special law for papperazi to film them to certain degree ...

Wrong. Celebrity status has nothing to do with what you (or the paparazzi) can and cannot photograph. You might be thinking of how the U.S. courts define a "public figure," but that deals more with what you can legally say or write about them (as opposed to private individuals, where the standards are lower) and not whether you can photograph them.

You can't invade someone's privacy regardless of whether they're a celebrity or a private citizen. In layman's terms, the definition of privacy basically can be summarized as "that which cannot be seen on or from a public space." If you are in a public place, you have no legal expectation of privacy. Again, see my previous note about what is and what isn't a public space.

quote:
Originally posted by Taurus:
... pictures of civilians without their knowledge especially for sexual gratification or commercial purposes I don't know if that is fully legal.

Makes no difference whether you're using the photos to jack off or to line your birdcage ... as long as they're for your private use, you can do whatever you want with them.

You cannot, however, publish pictures of someone without their consent, except in very limited circumstances (such as news coverage or for documentary purposes). The courts have held that "publishing" includes the Internet, and you'd have a hard time making a case that posting photos of someone on a sexually oriented forum is a news or documentary context. So be careful if you do that -- blur or crop the face and any other distinguishing characteristics.

But as far as taking pictures goes, you're just fine as long as you follow the "public space" concept.

Trust me on this one, folks.

Cheers,
DL

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DLipsch
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quote:
Originally posted by Eliza Durden:
As far as I know it is totally legal to take the photos.

If the person is in a public place or can be seen from a public place, absolutely. (Again, I'm talking about U.S. law.)

quote:
Originally posted by Eliza Durden:
I don't think you can sell them without permission.

It does get sticky here. You can't sell them to someone who will publish them, if the person pictured can be identified, but you can sell them to any private individual who won't publish them. There are other exceptions and special conditions, but they're not really worth getting into. Bottom line is, don't sell them.

Cheers,
DL

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DLipsch
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quote:
Originally posted by manolojchoo:
But, I think the more appropriate question is: Is it the right thing to do?

This is, far and away, the biggest question we should be asking ourselves before we snap away. Well said, manolojchoo. (Love that name, by the way.)

I'm not sayin' I've never taken some candids for my own, um, personal use, shall we say, in both public and semipublic places. But use your opportunities wisely ... karma can be a bitch.

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FootLongSub Zero
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quote:
Originally posted by Eliza Durden:
quote:
Originally posted by FootLongSub Zero:
I do it all the time with my phone... pics/clips...What they don't know don't hurt em'? [Confused] (shrugging shoulders)

If some guy was banging your wife/gf and said "I do it all the time. What he doesn't know won't hurt him"

How would you feel about that?

I don't think I would be upset if I found my feet posted on someone else's site as a candid, (I'd probably ask for my share of the $$$), but I just don't think that is a good way for you to justify taking them by making a statement like that.

As far as I know it is totally legal to take the photos. I don't think you can sell them without permission.

Now what if you were at work and I ran a bulldozer through your house... It wouldn't bother you UNTIL YOU FOUND OUT ABOUT IT RIGHT?

Oh well, I didn't know... So what's your point... I've been violated but didn't know about it, so how could it hurt me... UNLESS I DID FIND OUT... which then I would take some Wrath upon the situation... BUT I DIDNT KNOW this is the point I'm tryin' to get here... Now by sayin' this your comment just went out the window and goes back to the paparazzi coment.......

I ain't got a website so I don't sell but use mine for personal pleasure... But if you find your feet for sale and can prove it's yours then grab your lawyer and duke-it-out...

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"When this baby hits 88 miles per hour, you're gonna see some serious shit" - Dr Emmit L. Brown (Back To The Future)

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