Photographing the public in public displays - Legalities and more?

Hello,

I'm curious about something. I've recently educated myself (or at least
barely tried) on the subject of photographing or videotaping the
public....something I don't care much about. I respect every tom, dick and
jane's privacy in this regard.

BUT, I wonder what rules or laws there might be in regard to photographing
and/or videotaping folks participating in a parade or a major sporting
event? I understand how the laws may very well differ from state to state in
the US. But wouldn't people taking part in a major parade be subject to
losing their rights to some extent in as far as being photographed by anyone
other than the major media? I mean as long as the photographer isn't
profiting from these photos or videos?

I'd appreciate any experiences or constructive comments on the subject.
Thanks in advance.

 

Free legal advise is worth exactly what you pay for it. I am not an
attorney, but it seems to me that any participant in a public event on
public property has no reasonable expectation of privacy. Still, I doubt
that gives you or any other photographer the right to use a photo of
someone for commercial purposes, such as an advertisement, without
getting a signed agreement from that person.

 

Granted and well appreciated.
I think I might post this message within a LEGAL NG.
Thanks by the way.

 

http://www.krages.com/

This attorney has written extensively about photographers' rights and
his book is worth getting.

As a fundamental rule, though, you have the right to photograph anyone
anywhere as long as they do not have a reasonable expectation of
privacy there, such as washrooms, their own homes, etc. Selling those
pictures is another matter and might have some strings attached.

As a photographer you have the same legal protections as any member of
the press. That does not necessarily protect you from people who break
the law by assaulting you, smashing your equipment, or threatening to
have you arrested. But it helps.

 

The question may be more complex that you are thinking. It is not only
a question of what photos may be legally taken, but also what uses may be
made of them.

Some very general comments.

If you are on public property and those you photograph are also you can
usually legally take the photo.

If you ask someone to be in the photo or even to just turn this or that
way, all bets are off.

It is not wise to photograph children when you can identify them as
individuals, or for that matter to photograph them at all.

Use of identifiable images for any commercial use requires a model
release.

If you really want to know, get specific details and consult a local
attorney.

 

Why?
All they can do is refuse or comply.

 

Thank you Christopher and everyone else. But it's funny, I would've thought
this to be an easier issue to target than others. Considering how I
mentioned Specifically, Parades and Major Sporting Events. Alas, I would be
off now to post this question in a legal Newsgroup.

 

If you walk up to a stranger in the street and ask if you can take their
picture, they could comply but that doesn't mean they know what your
intentions are thereafter.

Of course if they're marching in a Major Parade
then I'd think they would know that they're going to be videotaped and
photographed repeatedly....Say, a hundred thousand times or more?

In a city such as mine, virtually every single parade is covered by the
local media....Of Course, some more than others with attendances usually
surpassing beyond half a million.

 

Parades and major sporting events are very different things.
Parades are, for the most part, very public, while major sporting
events aren't.
Public events can be shot to yoru heart's content, while the sporting
events very often have limits placed on all sorts of things by the
owners of the event. Like photography.

 

So?
If they don't know, but want to know, they can ask. I don't have to
answer. They don't have to say yes. I can still take their picture.

So what's that got to do with asking someone to be in the photo or
turn this way or that?

 

OH, you see, I didn't know that. That is your mention of limitations on
photography at sporting events.

 

Of course you can. Actually in almost any major city that attracts throngs
of tourists, you can easily find them shooting photos and video to their
hearts content with total disregard for their surroundings and those folks
around them.

BUT, they would not know what your intentions are after you take the photo.
That is, whether you're going to go off and post these photos on a website,
or put up a video on the web. THUS, the legal ramifications.

Nothing at all Bill. I'm simply trying to revert the direction back to my
original question which IS ABOUT parades and sporting events. I in turn
could of course ask what your input had to do with the original
question?...but your input is appreciated by me regardless....So thanks.

 

Always, not usually.

More nonsense. There's no _legal_ impediment to photographing anyone in a
public place.

It may, depending on the jurisdiction.

Good idea.

 

That last sentence is the key. Our original poster has asked the wrong
question. I assume that when he asks his question in a legal newsgroup, his
error will be pointed out to him, and he'll get more nearly accurate
answers.

 

Point taken and appreciated Phil.

 

Once you ask your use of the photo becomes greatly restricted. You will
need a model release for most uses. While they may never object or likely
will not know what you do or care, the liability has been opened up.

This like all issues is not as simple as it may seem, or as simple as I
have presented it. If you really want to know, you need to know all the
details and ask a local legal authority.

Keep in mind, I did explain there was a difference in taking the photo
and using it. Just try using someone's embarrassing photo in a commercial
advertisement without a model release.

 

Generally you can still take the photo, but you may not be allowed to
display it publicly. Again, you need to check with a local legal authority.

 

For me, this begs the question: Do photo journalists or reporters have any "special" privileges in taking or using photos. They don't need a model release to put pictures of kids on the front page of the sports section AFAIK.

For instance, I had the same question about taking photos at the State Volleyball Finals (High School). If I put these photos up on PBASE for instance, do you think I am in violation?

Just Curious...

Mike

--
--
Michael C. McDonnell

If you walk up to a stranger in the street and ask if you can take their
picture, they could comply but that doesn't mean they know what your
intentions are thereafter.

Of course if they're marching in a Major Parade
then I'd think they would know that they're going to be videotaped and
photographed repeatedly....Say, a hundred thousand times or more?

In a city such as mine, virtually every single parade is covered by the
local media....Of Course, some more than others with attendances usually
surpassing beyond half a million.

 

Sorry, but you're wrong. If you are in public you have no expectation of
privacy and anyone can take your picture -- no permission is necessary.
Taking the picture and using it are two completely different questions.
Regardless of whether you are in public, right of publicity laws in most
jurisdictions preclude the commercial appropriation of likeness without
permission (note the word "commercial").

Sorry, but that's completely wrong.

I am an attorney.

Paul N. Tauger, Esq.
Cal. State Bar No. 160552

There is a difference. However, if a minor is in public, they are fair
game, just like anyone else.

That's a completely different issue and unrelated to the statement re: not
photographing minors in public.

 

Why not? Commerical appropriation of likeness is precluded, as are uses
that might constitute defamation. The mere act of public display, however,
is not precluded.

All the more reasons why the non-attorneys in this group should be careful
about their pronouncements regarding what is and is not legal.