I don't have a problem if someone takes a photo of (or including) me on the street or in other public spaces. Publishing that photo, at least if I'm the main subject of the photo (as opposed to being "some dude in the background"), would be wrong without my permission, however.
I could see women having issues with guys taking their photos at random, though. Kinda creepy.
Why should it be wrong for someone to take a picture of an unknowing person with their cell phone? We get our pictures constantly taken every day. Newspaper photographers, security cameras, TV news, and who knows what else are constantly taking all of our pictures in public places. Why should someone with a cell phone camera be judged any differently?
No it isn't "wrong" because in public areas, by Supreme Court decision, an individual does not have an "expectation of privacy".
Think of all the cameras that are in the public arena already taking your photo. There are security cameras for business entrances and exits or where money is exchanged. There are traffic light cameras (for catching red light runners), highway cameras (for those morning traffic reports); the list goes on and on.
Just because it's legal doesn't mean it's right. An individual's expressed permission should always be obtained; especially if the photo is "candid".
First a response to treknology: You can't sue people for using your picture without permission while you are on public property even if the picture is for commercial use.
As with me, I've got a Nokia N93 and what is this phone for if not to take photos? Sure, it's weird if someone sees you and wips out their phone to photograph you, but once you are in public, all is free to view and record.
They call it being out in public for a reason. Requiring permission for pic taken in public is just ridiculous if you ask me. It is like asking people not to look at you when you are out in public; its just not going to happen.
Personally my cell phone camera has been useful on several occasions. Vehicle accident, embarassing a friend (hey, he deserved it!), comparison shopping on a big ticket item, and funny animal pics that never would have happened if I had to go get a regular camera.
No. There can be no expectation of privacy when you're in a public place. Look around you, there are cameras all around anymore put there by government agencies. It also is one of the freedoms of this country we enjoy so much. If you SELL the photo that clearly identifies the person, then you have to get a model release signed by them. At least I think that's the law.
if you use the picture for commercial purposes such as advertising or editorial palcement. For fine art sales there is no requirement for a photo release.
Before you tell people that it is legal to profit from fine art sales from an image of a person or place, please include the country/state/province/city where the laws can be verified. When dispensing legal advice it is always wise to include the verifiable reference. I know for a fact that in Canada it is legal to take all the picture you want...publishing for profit is an entirely different matter, and "for profit" can be interpreted legaly in many ways (in a court of law). Check your laws..."I heard" or "my buddy who's dad is a Lawyer" is very risky buisness indeed..especially when it turns out the laywer dada turns out to be a commercial or real estate lawyer. In my world, it is better to ask, and don't get all "what about the sailor kissing the girl in Paris" moment..well, even that one was posed, so be careful.
I don't think it's a good idea to randomly and recklessly take photos of people you don't know. I do, however, think they are a great defense if you think a crime is being commited whether to you or someone else. I would rarher carry a camera instead of a gun.
The 'thought police' here in Australia have banned just about any taking of photos of anything anywhere in public on the basis of a very FEW incidents of people taking photos of children they have no association with. In a mall recently my father was almost crash tackled by security because he was holding my camera phone upwards, taking a picture of a SIGN that he thought was ridiculously funny because it said 'ATM MACHINES' (automatic teller machine machine hehe). The security thing, based on paranoia rather than any real threat level, has become absolutely ridiculously 'over the top', because the current government here has decided to not do as its' voting public wants but just follow along with certain other countries.
A mall is not a public place. It is a privately owned business which is free to set their own policies regarding photography.
But in general I do agree with you with the "over the top" comment.
A mall may be privately owned but unless you need to be screened and accepted for membership in some private 'club' and have to show your membership ID at the door before being admitted to the mall, the mall is as PUBLIC a place as you'll find anywhere. Anyone off the street has full access. It's public. Sure the mall can set policies re photography but it's not because it's a private space... it's to prevent you from stealing good marketing info and ideas and using them in your own mall. Of course the policy doesn't work but that little detail never deters the mini-minds who think up these stupid rules from continuing to do so. The most the mall could do would be to usher you to the door... a charge would never make it before the courts.
Hell, even your own CAR is considered a public place by police and if you don't think so, just watch what you'll be charged with if the cops catch you naked in your own back seat while parked on a street or parking lot! If the public can see you, you're in PUBLIC!
So grin and bear it! You're on Candid Camera, more so today than ever before. If you don't like it, stay in doors or wear a burka!
.... those things were only used to take my photo on the street - streets are meant to be public places. However, when someone takes a picture of my bare ass (or gasp, full frontal nubidity) in the gym locker room I do have strong objections. If you don't think that's being done, guess again. Why do you think most fitness clubs post rules against such activity if it isn't being done?
If you're trying to get up-skirt photos or something then that's probably wrong, but there's nothing wrong with normal photos of people in public areas. I wouldn't consider a public restroom or locker room a truly public area in this context, because a certain degree of privacy (i.e. from the opposite sex) is expected in those places, along with general locker/bathroom etiquette. Out on the street, etc. is completely different and free game for candid photography in my opinion. Also I don't see why cell phone pictures would differ from those taken by a normal camera other than the covert aspect. My phone, though, always makes an audible shutter sound or chime when I take a picture, so it's less covert than most digital cameras in that respect. (I can disable the shutter sound on my regular digital camera.)
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