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"
Posted by dicklipschitz (Member # 127) on :
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.
Posted by Salvy_Mic (Member # 13384) on :
If it was illegal to take pictures without consent, there would be no such thing as paparazzi.
Posted by Bondo (Member # 1403) on :
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.
Posted by F18Hornet (Member # 11172) on :
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:
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.
Posted by FootLongSub Zero (Member # 19380) on :
I do it all the time with my phone... pics/clips...What they don't know don't hurt em'? (shrugging shoulders) Posted by Taurus (Member # 20298) on :
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.
Posted by Craigy boy (Member # 3340) on :
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.
Posted by manolojchoo (Member # 1257) on :
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
Posted by Eliza Durden (Member # 22995) on :
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'? (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.
Posted by solelvr2007 (Member # 20632) on :
Even "feet only pics"??? How could that be justified??? Would they compare their feet to the pics???
Posted by dicklipschitz (Member # 127) on :
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
Posted by dicklipschitz (Member # 127) on :
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
Posted by dicklipschitz (Member # 127) on :
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.
Posted by FootLongSub Zero (Member # 19380) on :
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'? (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...
Posted by LeDaemon (Member # 198) on :
quote:Originally posted by FootLongSub Zero: [QUOTE]
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...
SubZero performed a... FATALITY!
This is debate is going to get interesting the more heated it gets.
Posted by dougiezerts (Member # 6829) on :
What about the situation of an outdoor event where there are barefooted women? An ethnic festival, perhaps. Since it's a free public event, there should be no problem about photos, right?
Posted by kevin1 (Member # 23238) on :
You guys know what's going to happen..The powers that be will look at foot enthusiasts and up skirt pic takers as both being the same. And if you need to take photos try not to be so obvious, my old girlfriend was okay with my passion for her feet but not with the attention from other men.
Posted by dicklipschitz (Member # 127) on :
Like we've said previously, it all depends where it's being held. (Again, I'm talking about U.S. law here.)
If the event is being held on public property, such as a city park or a municipal stadium, then you're fine. The courts have upheld your right to photograph anything you see.
If the event is being held on private property, such as a farm or an amusement park, then you might face some issues if someone of authority (such as the landowner or someone acting on his/her behalf) tells you to stop. But if you're at an event where photos are being taken anyway, who's gonna know? I mean, you're not stalking them or putting your camera lens only three inches away from their feet, right?
In a nutshell, gang, here are the basic legal considerations regarding photography: If the person you are photographing is in a public place, they're fair game. Conversely, if you are in a public place, you may photograph anyone you see from your vantage point, even if they're on private property.
Anything that you can reasonably see while you're in public is fair game -- including someone standing naked in their window, if they're visible from, say, the street. Just remember the word "reasonably" -- you can't, for example, climb a tree or set up a ladder to take pictures. That's a different set of problems entirely.
Also, be absolutely sure you know what a public place is. Contrary to popular belief, businesses and parking lots are not public places. A public place is any facility that's owned by the city, county, state or federal government (such as a road, subway or City Hall). You should be aware that a sidewalk often is NOT a public space. In many cases, landowners are obligated by law to have and maintain a sidewalk on their property and to make it accessible to the public, but it is not technically a public space.
Of course, there are exceptions, particularly regarding harassment (such as "upskirt" photos) and permission for commercial photography (those taken to sell or for business purposes), but those really don't apply here.
Also, if you intend to publish the photos, that opens up another can of worms. But if you're only trying to find out where you can and cannot take pictures, I've given you what you need to know.
That said, I am not an attorney and I don't play one on TV, either, so I am not offering legal advice. But I do professionally know what the law allows in most circumstances. (No, I'm not saying what I do for a living.)
Folks, just use your heads here. Don't make a nuisance of yourselves and don't be blatant about what you're doing and you'll be fine. If someone tells you to stop, then please stop. And if you've created a scene where the police step in, whatever you do, don't go all "First Amendment" on them ... because, as the saying goes, "you might beat the rap, but you won't beat the ride." In other words, you might have the law behind you, but you'll still have to get a judge to agree with you.
You should be aware of your rights, but you should also be equally aware of your responsibilities.
Cheers, DL
P.S. -- This entire thread is a boner kill.
[ June 03, 2007, 01:16 AM: Message edited by: dicklipschitz ]
Posted by Footman9 (Member # 1100) on :
quote:Originally posted by Bondo:
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.
Very true. That makes perfect sense in my book.
Posted by Tyler D. (Member # 11452) on :
quote:Originally posted by markymark88: also isnt morally wrong to record others or take pictures of others without them knowning"
i heard somewhere on the net that the answer to this is "no", so indulge yourself but don't do it in a perverted way cuz moral might change then
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(shrugging shoulders) ![[Laugh]](graemlins/laugh.gif)